Santosh Singh @ Dhanji Singh @ Santosh Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2597 of 2018 ====================================================== Santosh Singh @ Dhanji Singh @ Santosh Kumar Singh Son of Vijay Singh Resident of Village- Chakki, P.S.- Brhampur, District- Buxar, at Present residing at Village- South Ekouna, Power Grid, P.S. Udwantnagar, DistrictBhojpur. ... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The District Magistrate Cum Collector, Bhojpur.
3. The Superintendent of Police, Bhojpur, District- Bhojpur.
4. The Officer in-charge, Udwantnagar Police Station, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Singh, Advocate Mr. Prabhat Kumar Singh, Advocate For the Respondent/s :
Mr. A.K. SINHA- GA1 Ms. Aditi Hansaria, A.C. to G.A. 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-02-2018 This writ petition has been filed for release of a vehicle (Hundai EON Car) bearing Registration No. BR 03M
Patna High Court CWJC No.2597 of 2018 dt.13-02-2018 2/3 6573, which has been seized in connection with Udwantnagar P.S. Case No. 378 of 2016 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.
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 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 aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Bhojpur 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.
Patna High Court CWJC No.2597 of 2018 dt.13-02-2018 3/3 With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 15.02.2018 Transmission Date