Patna High CourtCWJC/1121/2018disposed

Devalpati Devi @ Devlafati Devi v. The State Of Bihar And ORS

2018-01-19The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1121 of 2018 ======================================================

1. Devalpati Devi @ Devlafati Devi, wife of Suresh Prasad, resident of Village- Jiyay, P.S. Siwan (Mufasil), District- Siwan .... Petitioner

Versus

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

2. The Collector cum District Magistrate, Siwan, District Siwan.

3. The Superintendent of Police, Siwan, District Siwan.

4. The S.H.O. cum Officer In Charge, Mairwa Police Station, DistrictSiwan .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Anil Chandra, 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) 19-01-2018 This writ petition has been filed for release of Bajaj Discover motorcycle bearing registration no. BR-29R-9066 which has been seized in connection with Siwan (Muffasil) P.S. Case No. 450 of 2016 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.1121 of 2018 (2) dt.19-01-2018 2/2 case, the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of the District Magistrate, Siwan, within a period of one week from the date of her 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