Sajan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18491 of 2017 ====================================================== Sajan Kumar, Son of Sri Sanjay Kumar, Singh Resident of VillageDeokali, P.S. Obra, District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Excise Commissioner, Govt. of Bihar, Patna.

2. The District Magistrate, Aurangabad, District Aurangabad.

3. The Superintendent of Police, Aurangabad, District Aurangabad.

4. The Excise Superintendent, Aurangabad, District Aurangabad.

5. The Station House Officer, P.S. Obra, District Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-12-2017 This writ petition has been filed for release of a vehicle in question (Motorcycle) bearing Registration No. BR26D 8208, which has been seized in connection with Obra P.S. Case No. 31 of 2017 due to violation of the Excise Act. The confiscation proceedings are pending and 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

Patna High Court CWJC No.18491 of 2017 (2) dt.20-12-2017 2/2 case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank guarantee equivalent to the value of the motorcycle to the satisfaction of District Magistrate, Aurangabad within a period of one week from the date of furnishing the bank guarantee and further undertaking to produce the vehicle as and when directed by the District Magistrate, Aurangabad 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