Nawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19581 of 2019 ====================================================== Nawal Kumar ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Respondent/s :

Mr.Chitranjan Sinha (Paag2) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks release of his Bus bearing Registration No. BR-2K-0963 which was seized in connection with Chandauti Police Station Case No. 394 of 2013 registered for the offence punishable under section 147, 149, 341, 353, 435, 427,186 of the Indian Penal Code as well as Bihar Prohibition and Excise Act, 2016.

On being asked, the learned counsel of the State submits that he is not in a position to say anything regarding initiation of the confiscation proceedings and, therefore, he will seek the report from the concerned District Collector about the

Patna High Court CWJC No.19581 of 2019(2) dt.16-12-2019 2/3 initiation of confiscation proceeding.

In view of the aforesaid submission as well as in the facts and circumstances of the case, this writ application stands disposed of with a direction to the concerned Court to seek a report from the District Collector about initiation of confiscation proceeding in respect of seized vehicle in connection with Chandauti Police Station Case No.

394 of 2013 within a period of two weeks from the date of receipt/production of a copy of this order and if the report of the concerned District Collector reflects that the confiscation proceeding has already been initiated, in that event, the concerned court shall not release the seized vehicle in favour of the petitioner, but if the report of the District Collector reveals that the confiscation proceedings has not been initiated as yet in respect of seized vehicle, the concerned Court shall release the seized vehicle provisionally in favour of the petitioner on production of ownership and registration papers with respect to the vehicle in question before the court below on the execution of bond of Rs.

Patna High Court CWJC No.19581 of 2019(2) dt.16-12-2019 3/3 whenever and wherever it is required by the Court till final disposal of the confiscation proceedings.

Furthermore, it is made clear that if the confiscation proceedings has already been initiated in respect of the seized vehicle, the concerned District Collector shall conclude the same within 60 days from the date of receipt/production of a copy of this order.

Writ petition stands disposed of with the aforesaid directions.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) N.K/- U