Mantu Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14167 of 2018 ====================================================== Mantu Rai, Son of Ramnath Rai, Resident of Village- Manika Chak, Bajahiya, P.S.- Dariyapur, District- Saran at Chapra. ... ... 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. Vivek Prasad - GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 31-07-2018 This writ petition has been filed for release of a vehicle (Splendor Pro motorcycle) bearing Registration No. BR31N-9915, which has been seized in connection with Dariyapur P.S. Case No. 137/2017 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

Patna High Court CWJC No.14167 of 2018(2) dt.31-07-2018 2/3 various conditions and 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 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, Saran at Chapra 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. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents.

As the petitioner has expressed his inability to produce the original documents of the vehicle, the vehicle be released on the petitioner satisfying the District Magistrate with regard to non-availability of the original document and complying with such conditions as may be imposed by the District Magistrate. With the aforesaid, the writ petition stands allowed

Patna High Court CWJC No.14167 of 2018(2) dt.31-07-2018 3/3 and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U