Manila Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13692 of 2018 ====================================================== Manila Prasad Wife of late Sujeet Kumar Sinha Resident of near Durga Asthan, Rajendra Gram, P.S. and District- Katihar. ... ... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar, Patna.

3. The District Collector, Katihar.

4. The State of Bihar, through the Director General of Police, Bihar.

5. The Superintendent of Police District Katihar.

6. The Station House Officer, Muffasil, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Respondent/s :

Mr. Vivek Prasad -Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-07-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Muffasil P.S. Case No. 269 of 2017 ) vehicle of the petitioner (Hero HF Deluxe Motorcycle) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Katihar.

The vehicle in question shall be released within a week from the date of furnishing the sureties. Valuation of the vehicle shall be done as per insurance document.

The applicability of Section 56, in the facts and

Patna High Court CWJC No.13692 of 2018(2) dt.30-07-2018 2/2 circumstances of the case, shall be considered and decided before proceeding with the confiscation proceedings. With the aforesaid, the writ petition stands disposed of.

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