Pradhuman Sharma @ Praduman Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7419 of 2018 ====================================================== Pradhuman Sharma @ Praduman Sharma .... .... Petitioner/s
Versus
1.The State of Bihar through Principal Secretary of Excise, Govt. of Bihar, Patna.
2. The District Magistrate, Jamui.
3. The Superintendent of Excise, District-Jamui.
4. The Superintendent of Police, Jamui. &
5. The S.H.O. Sikandara.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar For the Respondent/s : Mr. Kumar Manish -Sc5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2018 This writ petition has been filed for release of a vehicle (Pick up Van) bearing Registration No. JH 15M 2658, which has been seized in connection with Sikandra P.S. Case No. 50 of 2017 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 pending finalization of the confiscation/excise proceedings and/or
Patna High Court CWJC No.7419 of 2018 (3) dt.17-05-2018 criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Jamui 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 bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) U A.K.V./-