Baua Kant Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9068 of 2017 =========================================================== Baua Kant Jha, son of Shri Satya Narayan Jha, resident of Village-Parsauni, P.S.- Bisfi (O.P.- Patauna), District-Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Excise Commissioner, Bihar, Patna.
2. The District Magistrate, Madhubani.
3. The Incharge Deputy Collector District Law, Madhubani.
4. The Officer Incharge, Bisfi Police Station ( O.P. Patauna), District-Madhubani. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate For the Respondent/s : Mr. Anil kr. Sinha, GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-07-2017 The Bolero Car bearing Registration No. BR-06PA-2696 has been seized and confiscation proceedings in a Confiscation Case No.493 of 2016-17 has been initiated under the Bihar Prohibition and Excise Act, 2016 by the District Magistrate, Madhubani. Seeking release of the vehicle in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released.
Keeping in view the aforesaid, this petition is also allowed and the vehicle in question, i.e. Bolero Car bearing
Patna High Court CWJC No.9068 of 2017 dt.07-07-2017 2/2 Registration No. BR-06PA-2696 shall be released to the petitioner on his furnishing adequate sureties to the satisfaction of the District Magistrate, Madhubani subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate.
With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date