Shatrudhan Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19116 of 2017 ====================================================== Shatrudhan Sahani, son of Ramyodha Sahani, resident of VillageRaghunathpur, P.S. Turkauliya, District-East Champaran. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Excise, Bihar, Patna.

3. The District Magistrate, East Champaran.

4. The S. H. O. Turkauliya Police Station, District- East Champaran.

5. The Investigating Officer Turkauliya, P.S. District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate Mr. Pankaj Kumar Dubey, Advocate Mr. Deep Anshuman, Advocate For the Respondent/s :

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2018 This writ petition has been filed for release of a vehicle (Wagon-R) bearing Registration No. BR -06R-3436, which has been seized in connection with Turkauliya P.S. Case No. 472/2016 due to 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.

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.19116 of 2017(2) dt.04-01-2018 2/2 the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, East Champaran within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle as and when directed by the District Magistrate, East Champaran and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U