Dilip Bhagat @ Dilip Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5087 of 2018 ====================================================== Dilip Bhagat @ Dilip Kumar, son of Umesh Bhagat, resident of village Chak Mohabbat, P.S. Ahiyapur, district Muzaffarpur ... Petitioner
Versus
1. The State Of Bihar through the the Principal Secretary, Excise, Government of Bihar, Patna
2. The Director General of Police, Bihar, Patna
3. The Inspector General of Police, Tirhut Range, Muzaffarpur
4. The Collector-cum-District Magistrate, Muzaffarpur
5. The Superintendent of Police, Muzaffarpur
6. The Excise Superintendent, Muzaffarpur
7. The Excise Inspector, Town Anchal, district Muzaffarpur ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar Pandey, Adv.
For the Respondents :
Mr. Kumar Manish, SC V ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-03-2018 This writ petition has been filed for release of Honda Amaze car, bearing registration no. BR-06BF-0254, which has been seized in connection with Excise Case No. 453 of 2017 arising out of P.R. No. 62 of 2017-18 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 seen no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.5087 of 2018(2) dt.22-03-2018 2/2 pending finalization of the confiscation proceedings and criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing bank guarantee to the satisfaction of the District Magistrate, Muzaffarpur, within a period of one week from the date of his furnishing the sureties 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 off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U