Suresh Malik v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14577 of 2018 ====================================================== Suresh Malik Son of late Ramlal Malik, Resident of Village-Ahirwa Tola Ward No.7, P.S.-Hariya OP Raxaul, District-East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary Department of Excise, Govt. of BIhar Patna.

2. The District Magistrate, East Champaran.

3. The Excise Officials Police Station, Raxaul, Dist.-East Champaran.

4. The Principal Secretary, Home Police, Bihar Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha - GA 1 ====================================================== 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 (Glamour Motorcycle) bearing Engine No. JA06ERHGM41625, and Chassis No. MBLJAR029HGM41443 which has been seized in connection with Excise Case No. 233 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 deviation in the present case. Keeping in view the aforesaid, it is directed that

Patna High Court CWJC No.14577 of 2018(2) dt.01-08-2018 2/2 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, East Champaran 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 assessed as per the valuation of the vehicle shown in the insurance papers. With the aforesaid, the writ petition stands allowed and disposed of.

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