Tasowar Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6731 of 2018 ====================================================== Tasowar Khan, son of Najir Khan, resident of village Dholbajja, Ward No. 05, P.S. Forbesganj, district Araria ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna

2. The District Magistrate, Araria

3. The Superintendent of Police, Araria

4. The Deputy Superintendent of Police, Forbesganj, Araria

5. A.S.I. Mahesh Kumar, the S.H.O., Narpatganj, P.S. Araria

6. A.S.I. Akhilesh Kumar, the investigating officer, Ghurana P.S., district Araria ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Anil Prasad Singh, Adv.

For the Respondents :

Mr. Vivek Prasad, G.P. VII ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2018 As prayed for, the learned counsel for the petitioner is allowed to make necessary correction in paragraph 1 of the petition.

This writ petition has been filed for release of vehicle (Hero Glamour motorcycle) bearing registration no. BR-38M1278 which has been seized in connection with Narpatganj (Ghurana) P.S. Case No. 30 of 2018 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, vehicles have been directed to be released by this Court on

Patna High Court CWJC No.6731 of 2018(2) dt.11-04-2018 2/2 various conditions and we seen 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 cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, Araria, 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 off.

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