Krishna Sah @ Krishna Kumar Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13103 of 2018 ====================================================== Krishna Sah @ Krishna Kumar Sah, Son of Rajendra Prasad Sah @ Rajendra Sah resident of Village - Pir Maker, P.S. - Maker, District - Saran at Chapra, At present residing at Dighi Kala Vaishali, P.S. - Industrial Area, District - Vaishali at Hajipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Saran at Chapra.
3. The Assistant Excise Commissioner, Saran at Chapra.
4. The Superintendent of Excise, Saran at Chapra.
5. The Superintendent of Police, Saran at Chapra.
6. The Vehicle Inspector, Saran at Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Respondent/s :
Mr. Anil Kumar Sinha - GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-07-2018 This writ petition has been filed for release of a vehicle (Mahindra Bolero Pickup Van) bearing Registration No. BR31G-2139, which has been seized in connection with Maker P.S. Case No. 23 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 various conditions and we see no reason to make a deviation in the present case.
Patna High Court CWJC No.13103 of 2018(2) dt.11-07-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Saran at Chapra within a period of one week from the date of his furnishing the bank guarantee 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. The valuation of the vehicle in question shall be done as per the valuation shown in the insurance document. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U