Patna High CourtCWJC/17080/2017disposed

Dinvanju Yadav @ Dinvanju Ray v. The State Of Bihar And ORS

2017-11-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17080 of 2017 ====================================================== Dinvanju Yadav @ Dinvanju Ray, Sono of Ram Nath Yadav, Resident of Village-Andauli, P.S.-Parihar, District-Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2. The District Magistrate,Sitamarhi.

3. The Superintendent of Police, Sitamarhi.

4. The S.H.O. Khaira, P.S.-Parihar, District-Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha -GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2017 This writ petition has been filed for release of a vehicle (Glamour motorcycle) bearing Registration No. BR-30Q2510, which has been seized in connection with C2-489/17 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of confiscation proceedings being Case No. 411/2017 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 and we see no reason to make a deviation in

Patna High Court CWJC No.17080 of 2017(2) dt.28-11-2017 2/2 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 be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate, Sitamarhi and further undertaking to produce the vehicle as and when directed by the District Magistrate, Sitamarhi and not to alienate or deal with the vehicle in question or create a third party interest 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.