Indu Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19052 of 2017 ====================================================== Indu Devi, Wife of Shailendra Prasad, Resident of Village- Chhatru Bigha, P.O.+Police Station- Hulasganj, District- Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Departmet, Government of Bihar, Patna.

2. The District Magistrate-cum-Collector, Jehanabad.

3. The Senior Superintendent of Police, Jehanabad.

4. The Superintendent of Police, Excise, Gaya.

5. The Officer in charge, Hulasganj Police Station, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate Mr. Manish Kumar No.2, Advocate For the Respondent/s :

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2018 This writ petition has been filed for release of a vehicle (Motor Cycle, Glamour) bearing Registration No. BR 21L4744, which has been seized in connection with Hulasganj P.S. Case No. 100 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016. 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.19052 of 2017(2) dt.04-01-2018 2/2 the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of District Magistrate, Jehanabad within a period of one week from the date of her furnishing the sureties and further undertaking to produce the vehicle as and when directed by the District Magistrate, Jehanabad 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.

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

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