Shyam Sundar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13918 of 2018 ====================================================== Shyam Sundar Sah, son of Satya Narayan Sah, Resident of Village - Rampur Ward No. 7, P.S. - Pipra, District - Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Patna.

2. The Collector, Supaul.

3. The Superintendent of Police, Supaul.

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

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate For the Respondent/s :

Mr. Kumar Manish- SC-5 ====================================================== 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 (Auto Ricksaw) bearing Registration No. BR 43P2862, which has been seized in connection with Pipra P.S. Case No.184 of 2017 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.

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

Patna High Court CWJC No.13918 of 2018(2) dt.31-07-2018 2/2 satisfaction of District Magistrate, Supaul 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/-S.Shukla U