Suryadev Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14423 of 2018 ====================================================== Suryadev Yadav, Son of Gagadhar Yadav, resident of Village- Devara, P.O.- Bela, P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Prohibition, Excise & Registration Department, Government of Bihar, Patna.

3. The Excise Commissioner, Prohibition, Excise & Registration Department, Government of Bihar, Patna.

4. The Collector, Madhubani.

5. The District Transport Officer, Madhubani.

6. The Excise Superintendent, Madhubani.

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate 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) 01-08-2018 This writ petition has been filed for release of a vehicle (T.V.S. Star Plus Motorcycle) bearing Registration No. BR 32 N 3946, which has been seized in connection with Andharathadhi P.S. Case No. 03 of 2018 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 we see no reason to make a

Patna High Court CWJC No.14423 of 2018 (2) dt.01-08-2018 2/2 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, Madhubani 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 on the basis of valuation in the insurance documents.

With the aforesaid, the writ petition stands allowed and disposed of.

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