Manoj Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7228 of 2018 =========================================================== Manoj Ram, son of Ramprit Ram, R/o Village - Bahlolpur, P.S. Dhaka, District East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The Divisional Commissioner, Muzaffarpur.
3. The District Magistrate-cum-Collector, East Champaran at Motihari.
4. The Senior Superintendent of Police, East Champaran at Motihari.
5. The Superintendent Excise, East Champaran at Motihari.
6. The Inspector Excise, Dhaka Anchal, Dhaka, East Champran. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh 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: 18-04-2018 This writ petition has been filed for release of a vehicle (Hero Honda Motorcycle) bearing Registration No. BR-05J-5125 which has been seized in connection with Excise Case No. 364/2017 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.
Patna High Court CWJC No.7228 of 2018 dt.18-04-2018 2/2 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-cum-Collector, East Champaran at Motihari 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. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) rrojha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date20.04.2018 Transmission Date N/A