Patna High CourtCWJC/17945/2017disposed

Vijay Kumar v. The State Of Bihar And ORS

2017-12-08The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17945 of 2017 ====================================================== Vijay Kumar, Son of Bhagwan Lal Sah, Resident of Village- Kanhauli, Ward No.- 08, P.S.- Kanhauli, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Collector-cum-District Magistrate, Sitamarhi.

4. The Deputy Superintendent of Police, Sitamarhi.

5. The Excise Superintendent, Sitamarhi.

6. The Officer-in-Charge, Sitamarhi, P.S.- Kanhauli, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-12-2017 This writ petition has been filed for release of a vehicle in question (Scorpio) bearing Registration No. BR 07 PB 0953, which has been seized in connection with Kanhauli P.S. Case No. 112 of 2017, due to violation of the Excise Act. The confiscation proceedings are pending and 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 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

Patna High Court CWJC No.17945 of 2017 (2) dt.08-12-2017 2/2 case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid 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, 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 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) Uday/- U