Rinki Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17872 of 2017 ====================================================== Rinki Devi, Wife of Mantu Sharma, Resident of Mohalla- Samir Takiya, Police Station- Civil Lines, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar through the 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 Superintendent of Police, Excise, Gaya.

5. The Officer in Charge, Dohhi Police Station, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate Mr. Gajendra Kumar Singh, Advocate For the State :

Mr. Anil Kumar Sinha -GA-1 Ms. Aditi Hansaria, AC to GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-12-2017 This writ petition has been filed for release of Tempo bearing Registration No. BR-02PA- 1487, which has been seized in connection with Dobhi P.S. Case No. 385 of 2017 for violation of the Bihar Prohibition and Excise Act, 2016. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

Seeking release of the vehicle in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending

Patna High Court CWJC No.17872 of 2017(2) dt.11-12-2017 2/2 finalization of the confiscation proceedings, seized vehicle has been directed to be released.

Keeping in view the aforesaid, this petition is also allowed and the vehicle in question, i.e. Tempo bearing Registration No. BR-02PA- 1487 shall be released to the petitioner on his furnishing adequate Bank Guarantee to the satisfaction of the District Magistrate, Gaya, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate, Gaya so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the petition stands disposed of (Rajendra Menon, CJ) spandey/- ( Anil Kumar Upadhyay, J) U