Bharat Bhushan Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.484 of 2018 ====================================================== Bharat Bhushan Mishra, Son of Jaykant Prasad Mishra, Resident of VillageBishunpur Baghnagri @ Baghnagari Urf Bishnupur Subas, P.S.-Sakra, DistrictMuzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Prohibition Excise & Registration Department Government of Bihar, Patna.

3.

The Excise Commissioner, Prohibition, Excise and Registration Department, Government of Bihar.

4.

The District Transport Officer, Muzaffarpur, Bihar, 5.

The District Magistrate-Cum-Collector, Muzaffarpur, Bihar. 6.

The Superintending of Excise, Muzaffarpur, Bihar. 7.

The Superintendent of Police, Muzaffarpur, Bihar. 8.

The Excise Inspector, Sadar Anchal, Chhata Chowk, Muzaffarpur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Respondent/s :

Mr. ANIL KR.SINHA-GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-01-2018 This writ petition has been filed for release of a vehicle (HYUI120 ACTIVE VTVT SX) bearing Registration No.BR06BF7383, which has been seized in connection with Excise Case No.422/17 arising out of P.R. Case No.51/17-18 due to violation of the Excise Act. 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

Patna High Court CWJC No.484 of 2018 dt.10-01-2018 2/2 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 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 shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Muzaffarpur and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Muzaffarpur and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case. The vehicle in question be released within one week from the date of furnishing the surety bonds.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.1.2018 Transmission Date