Sachhidanand Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11772 of 2017 =========================================================== Sachhidanand Kumar, Son of Nand Gopal Singh, Resident of Village- Shiv Shakti Nagar, Police Station- Bihta, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary, Excise and Prohibition Government of Bihar, Patna.

2. The Director General of Police, Government of Bihar, Patna.

3. The District Magistrate-Collector, Gaya.

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

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017 This writ petition has been filed for release of a vehicle in question (Bolero) bearing Registration No. SLK-BR-01PD-3049, Chasis No. MA1PS2GPKC5D27055, Engine No.- GPC4D42092, which has been seized in connection with Baracchi P.S. Case No. 460 of 2016 due to violation of the Excise Act. The confiscation proceedings being Confiscation Case No. 75 of 2017 are pending and the prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in

Patna High Court CWJC No.11772 of 2017 dt.21-08-2017 2/2 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 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, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings or the criminal proceedings. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 23.08.2017 Transmission Date