Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3653 of 2018 ====================================================== Ajay Kumar, Son of Sudeshwar Singh, Resident of Village- Sarwan Bhadsara, P.O.- Gorakhari, P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

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

4. The Collector-cum-District Magistrate, Gaya.

5. The Senior Additional Collector, District Legal Cell, Gaya.

6. The Superintendent of Police, Gaya.

7. The Station House Officer, Barachatti, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navesh Nandan, Advocate For the Respondent/s :

Mr. Vivek Prasad- GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-03-2018 This writ petition has been filed for release of a vehicle (Bolero Jeep) bearing Registration No. BR-01-BP-6190,

Patna High Court CWJC No.3653 of 2018 dt.13-03-2018 2/3 which has been seized in connection with Jehanabad P.S. Case No. 569/2016 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 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 confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Gaya 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 Bank Guarantee.

Patna High Court CWJC No.3653 of 2018 dt.13-03-2018 3/3 With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.03.2018 Transmission Date