Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1938 of 2018 ====================================================== Binod Kumar, Son of Ram Prasad Mahto, Resident of Village- Suraha, P.S.- Muffasil, District- East Champaran.

... ... 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, East Champaran, Motihari.

4. The Superintendent of Police, East Champaran, Motihari.

5. The Superintendent of Excise, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Respondent/s :

Mr. ANIL KR. SINHA- GA1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-02-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR 05-R-0645 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Turkauliya (Banjariya) P.S. Case No. 172 of 2017.

It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the confiscation and criminal proceedings, the vehicle in question,

Patna High Court CWJC No.1938 of 2018(2) dt.02-02-2018 2/2 shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, East Champaran, Motihari within one week from the date of furnishing the sureties, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- U