Manish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2085 of 2018 =========================================================== Manish Kumar, Son of Sanjay Kumar Resident of Village-Bahachowki, P.O.- Bahachowki, P.S.-Dharhara (Hemjapur) O.P.) District-Munger, PIN-811202. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. The Principal Secretary, Excise Department Govt. of Bihar, Patna.

3. The District Magistrate, Begusarai

4. The Superintendent of Police, Begusarai

5. The S.H.O. Barauni (F.C.I.), Begusarai.

6. The Superintendent of Police, Lakhisarai

7. The S.H.O. Medini Chauki, Lakhisarai.

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. VIKASH KUMAR-SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 09-02-2018 This writ petition has been filed for release of a vehicle (SCORPIO) bearing Registration No. BR- PA-1844, which has been seized in connection with Barauni (FCI) P.S. Case No.190 of 2017 due to violation of the Excise Act.

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

Patna High Court CWJC No.2085 of 2018 dt.09-02-2018 2/2 finalization of the aforesaid confiscation proceedings and 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-cum-Collector, Begusarai 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 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.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date12-02-2018 Transmission Date