Arvind Sahu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13776 of 2018 ====================================================== Arvind Sahu Son of Brahmdev Saw, Resident of Village-House No-154, Ward No-5, Kalimanda, Road Nagri, P.S.-Domchanch, Bazar Koderma, DistrictKoderma, (Jharjkhand). ... ... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar Prohibition and Excise Act 2016. Department BIhar Patna.

3. The Excise Officer, Bihar Prohibition and Excise Act 2016 Department bihar Patna.

4. The District Collector, District-Patna, Bihar.

5. The Superintendent of Police, District-Patna, Bihar.

6. The Officer in-Charge of Bypass Police Station, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Respondent/s :

Mr. Kumar Manish- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-07-2018 This writ petition has been filed for release of a Twelve Wheeler vehicle (Truck) bearing Registration No. JH02N-2625, which has been seized in connection with Bypass P. S. Case No. 183 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

Patna High Court CWJC No.13776 of 2018(2) dt.30-07-2018 2/2 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, Patna 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. Valuation of the vehicle shall be done as per insurance document. With the aforesaid, the writ petition stands allowed and disposed of.

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