Patna High CourtCWJC/12015/2017disposed

Nibha Kumari v. The State Of Bihar And ORS

2017-08-25The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12015 of 2017 ====================================================== Nibha Kumari W/o Suraj Kumar R/o E3/88 Refinery Township, Nagdih P.S. Cheria Bariyarpur, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna.

2. The Collector cum District Magistrate Lakhairia.

3. The Superintendent of Police Lakhairia.

4. The Superintendent of Excise Lakhaisaira.

5. S.H.O.Lakhaisaria (Kawaiya).

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Respondent/s : Mr. Vivek Prasad -GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-08-2017 The Maruti Suzuki Celerio bearing Registration No. BR-09T-7440 has been seized and confiscation proceedings in a Confiscation Case No.21 of 2017 has been initiated under the Bihar Prohibition and Excise Act, 2016 by the District Magistrate, Lakhisarai.

Seeking release of the vehicle in question, this writ petition has been filed and 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.

Patna High Court CWJC No.12015 of 2017 (2) dt.25-08-2017 2/2 Keeping in view the aforesaid, this petition is also allowed and the vehicle in question, i.e. Maruti Suzuki Celerio bearing Registration No. BR-09T-7440 shall be released to the petitioner on his furnishing adequate sureties to the satisfaction of the District Magistrate, Lakhisarai, 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 before the District Magistrate. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U