Mohnish Kumar @ Mohnish Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12194 of 2017 =========================================================== Mohnish Kumar @ Mohnish Kumar Singh, son of Shiv Kumar Singh, resident of Permanent Address Village- Rajapur, Police Station- Koilwar, District- Bhojpur (Bihar), At present at Gandhi Nagar, Police Station- Dhansar, District- Dhanbad (Jharkhand) .... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Gaya

3. The Senior Superintendent of Police, Gaya

4. The Officer in Charge, Barachatti Police Station, District- 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: 29-08-2017 This writ petition has been filed for release of a vehicle in question (Bolero) bearing Registration No. JH-10V-2606, which has been seized in connection with Barachatti P.S. Case No. 345 of 2016, due to violation of the Excise Act. The confiscation proceedings 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 nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various conditions

Patna High Court CWJC No.12194 of 2017 dt.29-08-2017 2/2 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 confiscation proceedings and aforesaid 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 and criminal case. 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 31.08.2017 Transmission Date