Rakesh Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2198 of 2018 ====================================================== Rakesh Tiwari, Son of Late Surendranath Tiwari, Resident of VillageSurwala P.O.- Surwala, P.S.- G.B. Nagar, District- Siwan (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Act, Govt. of Bihar at Patna.

2. District Magistrate-cum-Collector, Siwan.

3. Superintendent of Police, Siwan.

4. S.H.O. Mairwa Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. ANIL KUMAR SINHA -GA1 ====================================================== 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 (Maruti Car Swift VXI) bearing Registration No. BR-29S-3575, which has been seized in connection with Mairwa P.S. Case No. 435/2017 due

Patna High Court CWJC No.2198 of 2018 dt.13-02-2018 2/3 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 aforesaid confiscation proceedings and 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, Siwan 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

Patna High Court CWJC No.2198 of 2018 dt.13-02-2018 3/3 confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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 16.02.2018 Transmission Date