Parmeshwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3102 of 2018 =========================================================== Parmeshwar Singh son of Saryu Singh resident of Vill - Chitauli, P.S. - Rohtas, Dist - Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary Excise Department, Bihar at Patna.

2. The District Magistrate, Rohtas at Sasaram.

3. The Superintendent of Police, Rohtas.

4. The Police Inspector, Amjhor, Rohtas.

5. The Principal Secretary, Mines and Minerals, Bihar at Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Respondent/s : Mr. Anil Kumar Sinha -GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-02-2018 This writ petition has been filed for release of a vehicle (Tractor with Trailer) bearing Registration No. BR24G-7747 which has been seized in connection with Rohtas (Amjhor) P.S. Case No. 381 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on

Patna High Court CWJC No.3102 of 2018 dt.22-02-2018 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 aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Rohtas at Sasaram, 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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

(Rajendra Menon, CJ.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2018 Transmission Date NA