Mahendra Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13104 of 2018 ====================================================== Mahendra Yadav son of Ganesh Yadav resident of Mohalla - Dighi Talab Moti Sen Bagicha, P.S. - Civil Lines, District - Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar, the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Home Bihar, Old Secretariat, Patna.
3. The Principal Secretary, Department of Excise, Bihar Old Secretariat, Patna-1
4. The Collector cum District Magistrate, Gaya.
5. The Superintendent of Police, Gaya.
6. The Excise Superintendent, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Respondent/s :
Mr. Kumar Manish- SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-07-2018 This writ petition has been filed for release of a vehicle (Maruti Ulto Car (black color)) bearing Registration No. B.R.-1AH-5561, which has been seized in connection with Civil Lines P.S. Case No. 204 of 2017 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 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
Patna High Court CWJC No.13104 of 2018(2) dt.19-07-2018 2/2 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, Gaya 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. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents. 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) Sunil/R.S.SenU