Chandan Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5755 of 2018 ====================================================== Chandan Kumar, S/o Rajeshwar Bhagat @ Rajeshwar Paswan, R/o Chakdhanauti, P.O. + P.S. Hajipur Industrial Area, Dsitrict- Vaishali. ... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The District Magistrate-cum-Collector, Vaishali at Hajipur.
4. The Superintendent of Police, Vaishali at Hajipur.
5. The S.H.O. Hajipur Industrial Area, P.S. Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha, 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) 03-04-2018 This writ petition has been filed for release of a vehicle (Glamour Motorcycle) bearing Engine No. JA06ERHGD03041 and Chasis No. MBLJAR025HGD30892, which has been seized in connection with Hajipur Industrial Area P.S. Case No.128 of 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 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.
Patna High Court CWJC No.5755 of 2018(2) dt.03-04-2018 2/2 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 the bank guarantee to the satisfaction of District Magistrate, Vaishali at Hajipur 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 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