Indrajeet Kumar @ Indal Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6187 of 2018 ====================================================== Indrajeet Kumar @ Indal Paswan Son of Late Bijendra Paswan, Resident of Village-Chero, Police Station-Harnaut, District-Nalanda at Biharsharif. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Excise and Prohibition, Government of Bihar,Patna.

2. The District Magistrate, Nalanda at Biharsharif

3. The Superintendent of Police, Nalanda at Biharsharif

4. The Station House Officer, Harnaut Police Station, District-Nalanda

5. The Superintendent of Excise, Nalanda at Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md.Imteyaz Ahmad, Advocate For the Respondent/s :

Mr. Kumar Manish- SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-04-2018 This writ petition has been filed for release of a vehicle (Bolero) bearing Registration No. BR 21P/2301, which has been seized in connection with Harnaut (Chero) P.S. Case No. 234/2017 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 criminal case and other proceedings to be initiated.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings/criminal case vehicles have been directed to be released by this Court on various conditions and we see no

Patna High Court CWJC No.6187 of 2018(2) dt.03-04-2018 2/2 reason to make a deviation in the present case. Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid criminal case and other proceedings to be initiated, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Nalanda at Biharsharif and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question or create a third party interest during the pendency of the criminal case or other proceedings to be initiated. The aforesaid vehicle shall be released within one week from the date of furnishing of the Bank Guarantee.

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

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U