Arvind Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1025 of 2018 ======================================================

1. Arvind Kumar Singh, son of Vishwa Nath Singh, resident of VillageBishnupura, P.S. Chapra Muffasil, District Saran at Chapra. .... .... Petitioner

Versus

1. The State of Bihar through the Commissioner Excise Department, State of Bihar, Patna.

2. The Collector cum District Magistrate, Saran at Chapra.

3. The Superintendent of Police, Saran at Chapra.

4. The Officer-in- Charge of Baniyapur Police Station, District Saran at Chapra.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Tribhuwan Narayan, Adv. For the Respondents : Mr. Kumar Manish, SC V ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-01-2018 This writ petition has been filed for release of motorcycle (Bajaj XCD) 125 bearing registration no. BR-04E6048 which has been seized in connection with Baniyapur P.S. Case No. 305 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.

Patna High Court CWJC No.1025 of 2018 (2) dt.19-01-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Saran at Chapra, 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