Kumar Gaurav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18750 of 2017 ====================================================== Kumar Gaurav, S/o Late Arun Kumar Singh, R/o Khabra Urf Kiratpur Gurudas, PO- Khabara, PS- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Vaishali.

3. The Superintendent of Police, Vaishali.

4. The Excise Superintendent, Vaishali.

5. The Station House Officer, PS Siwan Sarai, Vaishali.

6. The Investigating Officer PS case no 105/2017 of Sarai PS, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Kant, 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) 03-01-2018 This writ petition has been filed for release of a vehicle (Fortuner Car) bearing Registration No. HR26CD-3135, which has been seized in connection with Sarai P.S. Case No. 105/2017 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.18750 of 2017(2) dt.03-01-2018 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 Bank Guarantee to the satisfaction of District Magistrate, Vaishali within a period of one week from the date of his furnishing the Bank Guarantee and further undertaking to produce the vehicle as and when directed by the District Magistrate, Vaishali 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