Varik v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10809 of 2018 ====================================================== Varik S/o Late Abdul Hafeez Resident of Village - Prem Nagar, Ward No. 16, Uttar Tola, Hayatpur, P.O. - Chandrada (Forbesganj), P.S. - Araria (R.S.), District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.

2. The Principal Secretary, Excise Department, Government of Bihar, Patna.

3. The Collector, Araria.

4. The District Transport Officer, Araria.

5. The Superintendent of Police, Araria.

6. The Excise Superintendent, Araria.

7. The Station House Officer, Araria Sadar Police Station, Araria.

8. The Motor Vehicle Inspector, Araria.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Respondent/s : Mr. Kumar Manish- SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-06-2018 This writ petition has been filed for release of a vehicle ( Chervolet Enjoy four whealor ) bearing Registration No. BR11M-9105, which has been seized in connection with Araria P.S. Case No. 885 of 2017 due to violation of the provisions of the Excise Act.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal

Patna High Court CWJC No.10809 of 2018 (2) dt.20-06-2018 2/2 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 confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Araria 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. The vehicle in question be released within one week from the date of furnishing Bank Guarantee.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) N.H./- U