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Patna High CourtCWJC/2445/2018disposed

Lalmati Devi v. The State Of Bihar And ORS

2018-02-12Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2445 of 2018 ====================================================== Lalmati Devi, W/o Laldeo Prasad @ Laldeo Das, Resident of Vill- Balo Chak, P.S.- Chakia, Dist- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise, Prohibition & Registration Department, Government of Bihar, Patna.

2. The Collector-cum-District Magistrate, Muzaffarpur.

3. The Superintendent of Excise, Muzaffarpur.

4. The Superintendent of Police, Muzaffarpur.

5. The Officer Incharge, Mithanpura Police Station, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate Mr. Navin Kr. Singh, Advocate For the Respondent/s :

Mr. A.K. Sinha- GA 1 Ms. Aditi Hansaria, AC to GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-02-2018 This writ petition has been filed for release of a vehicle bearing Registration No. BR06 BB 1155, which has been seized in connection with Mithanpura P.S. Case No. 223 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016. It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal case, vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case,

Patna High Court CWJC No.2445 of 2018(2) dt.12-02-2018 2/2 the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of District Magistrate, Muzaffarpur within a period of one week from the date of her furnishing the sureties and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U