Amit Kumar Shukla @ Amit Shukla @ Mandlu v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2647 of 2018 ====================================================== Amit Kumar Shukla @ Amit Shukla @ Mandlu, S/o Sri Govind Shukla, Resident of Village- Chhatanwar, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Prohibition Excise and Registration Department, Government of Bihar.
2. The Excise Commissioner, Prohibition Excise and Registration Department, Government of Bihar.
3. The District Magistrate, Buxar.
4. The Superintendent of Police, Buxar.
5. The Officer in charge, Police Station, Brahmapur, District- Buxar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar, Advocate For the Respondent/s :
Mr. Anil Kumar Sinha -GA1 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) 13-02-2018 This writ petition has been filed for release of a vehicle (Honda Livo Motorcycle) bearing Registration No. BR 44E 4843 (wrongly mentioned in the seizure list as 'BR-44Q-4843'), which has been seized in connection with Brahmapur P.S. Case No. 68 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.
Patna High Court CWJC No.2647 of 2018(2) dt.13-02-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle (Honda Livo Motorcycle bearing Registration No. BR 44E 4843) shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Buxar within a period of one week from the date of his 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