Nutan Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13581 of 2018 ====================================================== Nutan Kumari, D/o -Bhola Das, Resident of Village-Vikrampur, P.S.,-Kajra, District-Lakhisarai ... ... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, of Excise Department, Govt. of Bihar. Patna.

2. The Principal Secretary, of Bihar Transport Department, Govt. of Bihar,Patna.

3. The Collector, District Lakhisarai, Bihar.

4. The Director General, of Police, Patna, Bihar.

5. The Additional Director General of Police, Economic Offence Unit, Bihar, Patna.

6. The Superintendent of Police, District- Lakhisarai. (Bihar).

7. The S.H.O., Kajra, POlice Station, District-Lakhisarai.

8. The District Transport Officer, Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Adv For the Respondent/s :

Mr. Kumar Pankaj AC to SC 5 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 25-07-2018 Heard parties.

This writ petition has been filed for release of Hero Honda Splendor Plus Motorcycle(Black & Blue Colour) bearing Chasis No. MBLHA10EJ9HJ54498 ENGINE No. HA10EA9HJ46128, which has been seized in connection with Kajra P.S. Case No. 14 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,

Patna High Court CWJC No.13581 of 2018(2) dt.25-07-2018 2/2 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 proceedings and criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of the District Magistrate, Lakhisarai, within a period of one week from the date of his furnishing the sureties 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. The valuation of the vehicle shall be done as per the valuation shown in the insurance papers.

With the aforesaid, the writ petition stands allowed. (Dr. Ravi Ranjan, J) (S. Kumar, J) ranjan/- U