Dinesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18503 of 2017 ====================================================== Dinesh Prasad son of Kapil Prasad permanent resident of Koshiyawan, P.S. Ekangarsarai, District - Nalanda, Temporary resident of c/o Ajay Kumar, Palhari More, P.S. Dhanrua, District - Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Prohibition Excise and Registration Department.

2. The Principal Secretary, Prohibition Excise and Registration Department.

3. The District Magistrate-cum-Collector, Patna.

4. The Senior Superintendent of Police, Patna.

5. The SHO, Agamkuan Police Station, Patna.

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

For the Petitioner/s :

Mr. Ravi Bhardwaj, Adv.

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) 19-12-2017 This writ petition has been filed for release of a vehicle (Mahindra Scorpio) bearing Registration No. BR01-PH6656, which has been seized in connection with Agamkuan P.S. Case No.603 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/or 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

Patna High Court CWJC No.18503 of 2017(2) dt.19-12-2017 2/2 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 aforesaid confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of Collector-cum-District Magistrate, Patna and further undertaking to produce the vehicle as and when directed by the Collector-cum-District Magistrate, Patna and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and/or criminal case in any manner so as to create third party interest or cause prejudice to the rights of the State Government in the confiscation proceedings and/or criminal case.

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

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U