Anil Kumar Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1051 of 2018 ====================================================== Anil Kumar Sah, Son of Birendra Prasad, R/o Village- Sadhpur, P.S.- Garkha, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner, Excise Department, State of Bihar, Patna.
2. The Collector cum District Magistrate, Saran at Chapra.
3. The Superintendent of Police, Saran at Chapra.
4. The Officer-in-Charge of Garkha Police Station, District Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Respondent/s :
Mr. VIKASH KUMAR- SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-01-2018 This writ petition has been filed for release of a vehicle (motorcycle) bearing Registration No. BR 04H 6488, which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Garkha P.S. Case No. 473 of 2017.
It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing two sureties
Patna High Court CWJC No.1051 of 2018(2) dt.19-01-2018 2/2 to the satisfaction of the District Magistrate, Saran at Chapra within one week from the date of furnishing the sureties, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government.
With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U