Patna High CourtCWJC/16661/2017disposed

Lakshman Yadav @ Sanjay Yadav v. The State Of Bihar And ORS

2017-11-24The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16661 of 2017 ====================================================== Lakshman Yadav @ Sanjay Yadav, Son of Vaidyanath Yadav, resident of Village- Tokna Tol, P.S. Bheja, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Prohibition, Excise & Registration Department Government of Bihar, Patna.

3. The Excise Commissioner, Prohibition, Excise & Registration Department, Government of Bihar, Patna.

4. The Collector, Madhubani.

5. The District Transport Officer, Madhubani.

6. The Excise Superintendent, Madhubani.

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Adv.

For the Respondent/s :

Mr. KUMAR MANISH -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-11-2017 This writ petition has been filed for release of a vehicle (Hero Passion Pro Motorcycle) bearing Registration No. BR 06A1560, which has been seized in connection with Bheja P.S. Case No. 80/2016 due to violation of the Excise Act. 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

Patna High Court CWJC No.16661 of 2017(2) dt.24-11-2017 2/2 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, Madhubani and further undertaking to produce the vehicle as and when directed by the District Magistrate, Madhubani 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) K.C.Jha/- U