Patna High CourtCWJC/15311/2017disposed

Shankar Prasad Singh v. The State Of Bihar And ORS

2017-11-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15311 of 2017 ====================================================== Shankar Prasad Singh Son of Late Ram Prakash Singh Resident of Village - New Panda Sarai, Police Station - Bahadurpur, District - Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Patna.

2. The Divisional Commissioner, Excise Department Darbhanga Division at Darbhanga.

3. The District Magistrate, Darbhanga.

4. The Superintendent of Police, Darbhanga.

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Respondent/s :

Mr. KUMAR MANISH - SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-11-2017 This writ petition has been filed for release of a vehicle (Makismo Van) bearing Registration No. BR 07 GA4759, which has been seized in connection with Confiscation No.189/2017 arising out of Simiri P.S. Case No. 83/2017 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

Patna High Court CWJC No.15311 of 2017(2) dt.03-11-2017 2/2 the present case.

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, Darbhanga and further undertaking to produce the vehicle as and when directed by the District Magistrate, Darbhanga 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) K.C.Jha/- U