Abhinandan Kumar Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.9169 of 2018 (2) dt.18-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9169 of 2018 ======================================================
1. Abhinandan Kumar Singh, Son of Bharat Singh, R/o Village Bangara, P.S. Daudpur, District- Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Commissioner Excise Department, State of Bihar, Patna.
2. The Collector cum District Magistrate, Saran at Chapra.
3. The Superintendent of Police, Saran at Chapra.
4. The Officer-in- Charge of Daudpur Police Station, District- Saran at Chapra.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Respondent/s : Mr. Kumar Manish- Sc5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-05-2018 Learned counsel for the petitioner is permitted to make necessary correction during the course of the day. This writ petition has been filed for release of a vehicle (red colour TVS Apache motorcycle) bearing Engine No.BE4CH2022553, Chassis No.MD634BE42H2C21362 which has been seized in connection with Daudpur P.S. Case No.161 of 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
Patna High Court CWJC No.9169 of 2018 (2) dt.18-05-2018 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, Saran at Chapra and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate to 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 stand allowed and disposed of.
(Rajendra Menon, CJ) Sanjeev/- (Rajeev Ranjan Prasad, J) U