Dilip Mandal @ Dileep Mandal v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12636 of 2018 ====================================================== Dilip Mandal @ Dileep Mandal, son of Late Anant Lal Mandal, Resident of Village- Kamata, Ward No. 07, Police Station- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna.
3. The District Magistrate, Araria.
4. The Superintendent of Police, Araria.
5. The Station House Officer, Raniganj Police Station, Araria. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Respondent/s :
Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-07-2018 This writ petition has been filed for release of a vehicle (Hero Glamour Motorcycle) bearing Registration No. BR-38K-1159 which has been seized in connection with Forbesganj P.S. Case No.275 of 2018 due to violation of the Bihar Prohibition and Excise Act, 2016.
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.12636 of 2018(2) dt.09-07-2018 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 the bank guarantee to the satisfaction of District Magistrate, Araria within a period of one week from the date of his furnishing the bank guarantee 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) ( Rajeev Ranjan Prasad, J) Sunil/- U