Ratan Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11795 of 2018 ====================================================== Ratan Mahto, son of Mahadev Mahto, resident of Ward No.-36, Belwaganj, Behind Ligh House Balbhadrapur, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s

Versus

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

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

3. The Senior Superintendent of Excise, Darbhanga.

4. the Senior Superintendent of Police, Darbhanga.

5. The Station House Officer, Laheriasarai P.S., District- Darbhanga.

6. The I.O. of Laheriasarai P.S. Case No.151 of 2018, Laheriasarai P.S., District- Darbhanga.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Praveen, Advocate For the Respondent/s : Mr. Anil Kumar Sinha -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-06-2018 This writ petition has been filed for release of a vehicle ( YAMAHA FASCINO ) bearing Registration No. BR07AB -7273, which has been seized in connection with G.O. Excise Case No.288 of 2018 arising out of Laheria Sarai P.S. Case No. 151 of 2018 due to violation of the provisions of the Excise Act.

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

Patna High Court CWJC No.11795 of 2018 (2) dt.28-06-2018 2/2 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/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Darbhanga 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. The vehicle in question be released within one week from the date of furnishing the surety bonds. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- N.H.

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