Ramadhar Raut v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.921 of 2018 ====================================================== Ramadhar Raut, son of late Budhan Raut, resident of village Badki Sarinpur, P.S. Buxar Industrial, district Buxar .... Petitioner

Versus

1. The State of Bihar through the Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna

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

3. The District Magistrate, Buxar

4. The Superintendent of Police, Buxar

5. The Officer-in-Charge, Police Station Rajpur, district Buxar ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar, Adv. For the Respondents : Mr. Vikash Kumar, SC XI ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-01-2018 This writ petition has been filed for release of autorickshaw, bearing registration no. BR-03PA-1096 which has been seized in connection with Rajpur P.S. Case No. 344 of 2017 due to violation of Bihar Prohibition and Excise Act, 2016. It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal cases, 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 criminal

Patna High Court CWJC No.921 of 2018 (2) dt.17-01-2018 2/2 case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Buxar, 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 of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) SA/- U