Ramesh Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6249 of 2018 ====================================================== Ramesh Kumar, Son of Amarchand, Resident of House No.7449, Ashok Vihar Colony, Kutani Road, Near Mani Gali, P.S. Kila, District- Panipat (Haryana) ... ... Petitioner/s
Versus
1. The State Of Bihar, through the Principal Secretary, Department of Excise, Government of Bihar, Patna
2. The Collector-cum-District Magistrate, Patna
3. The Excise Superintendent, Patna
4. The Officer Incharge, Didarganj Police Station, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Respondent/s :
Mr. Anil Kr.Sinha-GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-04-2018 This writ petition has been filed for release of a vehicle (Truck) bearing Registration No. HR 67A-3783, which has been seized in connection with Didarganj P.S. Case No.275 of 2018 due to violation of the provisions of the Excise Act. It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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/excise proceedings
Patna High Court CWJC No.6249 of 2018(2) dt.10-04-2018 2/2 and/or criminal case, the vehicle in question shall be released to the petitioner, not the goods, on the petitioner furnishing the bank guarantee and two local sureties to the satisfaction of District Magistrate-cum-Collector, Patna 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.
The vehicle in question be released within one week from the date of furnishing the bank guarantee. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U