Jitendra Prasad Sah Alias Jitendra Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12651 of 2018 ====================================================== Jitendra Prasad Sah Alias Jitendra Kumar Sah, Son of Indra Lal Sah, Resident of Village- Kairi Birpur, P.S.- Kochadhaman, District- Kishanganj. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Kishanganj.

3. The District Magistrate cum Collector, Kishanganj.

4. The Superintendent of Excise, Kishanganj.

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad - GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-07-2018 This writ petition has been filed for release of a vehicle (Hero Glamber Motor Cycle) bearing Registration No. BR 37 L 3220, which has been seized in connection with Kochadhaman (Bishanpur O.P) P.S. Case No. 152 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case. 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

Patna High Court CWJC No.12651 of 2018(2) dt.05-07-2018 2/2 the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Kishanganj 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./R.S.SenU