Akash Basfor @ Akash v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3700 of 2018 =========================================================== Akash Basfor @ Akash, Son of Guddu Basfor, Resident of Village- Dewariya, Parsuram Crossing, Ward No. 7, Police Station- Dewariya, District- Dewariya, Uttar Pradesh.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
2. The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
3. The Collector-cum-District Magistrate, West Champaran at Bettiah.
4. The Superintendent of Police, Bagaha, District- West Champaran.
5. The Officer In Charge, Nadi Police Station, Bagaha, District- West Champaran. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Respondent/s : Mr. KUMAR MANISH, SC-5 Mr. Madan Mohan, AC to SC-5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-03-2018 This writ petition has been filed for release of a vehicle (New Hero MF Delux Motorcycle) bearing Engine No.16591, Chassis No.01416 which has been seized in connection with Nadi P.S. Case No. 58 of 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 confiscation proceedings and criminal case. It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles
Patna High Court CWJC No.3700 of 2018 dt.06-03-2018 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, West Chamapran at Bettiah, 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 confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date12.03.2018 Transmission Date