Patna High CourtCWJC/13811/2017disposed

Suman Kumar v. The State Of Bihar And ORS

2017-09-21The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13811 of 2017 ====================================================== Suman Kumar, Son of Kumod Singh, Resident of Mohalla- East Lohanipur, P.S. - Kadamkuan, Distt & Town - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Deptt.

2. The Distt. Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Officer In-Charge Bahadurpur Police Station Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate For the Respondent/s : Mr. Vivek Prasad -Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-09-2017 This writ petition has been filed for release of a vehicle (Apachi Motorcycle) bearing Registration No. BHR 1BQ 8916, which has been seized in connection with Bahadurpur P.S. Case No. 156 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 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.13811 of 2017 (2) dt.21-09-2017 2/2 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, Patna and further undertaking to produce the vehicle as and when directed by the District Magistrate, Patna and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

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

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U