Patna High CourtCWJC/1559/2018disposed

Gudu Kumar @ Guddu Kumar v. The State Of Bihar And ORS

2018-01-29The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1559 of 2018 ======================================================

1. Gudu Kumar @ Guddu Kumar, Son of Late Devendra Yadav @ Jamindra Yadav, resident of Village- Sabnahua Dih, P.S. Harnaut, DistrictNalanda. .... .... Petitioner/s

Versus

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

2. The Collector cum District Magistrate, Nalanda, District- Nalanda.

3. The Superintendent of Police, Nalanda, District- Nalanda.

4. The S.H.O. Cum Officer In Charge, Harnaut Police Station, DistrictNalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra, Adv. For the Respondent/s : Mr. A.K. Sinha- Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-01-2018 This writ petition has been filed for release of Bajaj Pulsar motorcycle bearing registration no. BR-01BB-4113 which has been seized in connection with Harnaut P.S. Case No. 344 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.1559 of 2018 (2) dt.29-01-2018 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-cum-Collector, Nalanda at Biharsharif, 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