Amit Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9727 of 2018 ====================================================== Amit Kumar Verma, son of Kishor Verma, resident of Narirtole (Tenuashi) P.O. Kumarkhat, P.S.-Ladania, District-Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Dept., Govt. of Bihar, Patna District Magistrate, Madhubani.

2. The Superintendent of Police, Madhubani.

3. The Incharge of Police Station Madhwapur, Benipatti, DistrictMadhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Soban Asghar 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) 16-05-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing No. J4P 7929, Chassis No.MBLHAIOEWE 502349, which has been seized in connection with Madhwapur P.S. Case No. 11/18 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

Patna High Court CWJC No.9727 of 2018 (2) dt.16-05-2018 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, Madhubani 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) Arvind/- U