Rajesh Prasad Kushawaha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4648 of 2018 ====================================================== Rajesh Prasad Kushawaha, S/o Jamna Mahto, R/o Village- Khamiya, P.O.- Inrwa, P.S.- Inrwa, Dist- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, State of Bihar, Patna.
2. The District Magistrate, Bettiah, West Champaran.
3. The Superintendent of Excise Department, Bettiah, West Champaran.
4. The Officer Incharge, Balthar Police Station, West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s :
Mr. Kumar Manish -SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-03-2018 This writ petition has been filed for release of a vehicle Palatina 100 Motorcycle) bearing Registration No.BR 22V2077, and Rs.16270/- which have been seized in connection with Balthar P.S. Case No. 48/2017 due to violation of the Bihar Prohibition and Excise Act, 2016.
It is common ground that in various cases, identical in nature, pending finalization/initiation 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 the present case.
Keeping in view the aforesaid, it is directed that pending initiation/ finalization of the confiscation proceedings and
Patna High Court CWJC No.4648 of 2018(2) dt.15-03-2018 2/2 criminal case, the aforesaid vehicle in question and Rs.16270/- shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, West Champaran, within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle and cash in question as and when directed by the authority concerned 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) ( Rajeev Ranjan Prasad, J) Sunil/- U