Nutan Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14100 of 2018 ====================================================== Nutan Kumari, Wife of Abhinav Uttkarsh, Daughter of Rajeshwar Singh, Resident of Village-Shankar Saraiya, Police Station-Turkaulia, District-East Champaran at Motihari at Present Resident of Village-Barharwa, Police Station-Kotwa, District-East Champaran at Motihari. ... ... Petitioner/s

Versus

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

2. The Collector, East Champaran at Motihari.

3. The Superintendent of Police, East Champaran at Motihari.

4. The Station House Officer, Govindganj Police Station, District-East Champaran.

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar -SC-11 ====================================================== 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 (Mahindra and Mahindra KUV Vehicle) bearing Registration No. BR-05PA-4154, which has been seized in connection with GovindganjP.S. Case No. 151 of 2018 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

Patna High Court CWJC No.14100 of 2018(2) dt.31-07-2018 2/2 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 satisfaction of District Magistrate-cum-Collector, East Champara at Motihari 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