Md. Shaif Raja @ Md. Saif Raza v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5349 of 2018 =========================================================== Md. Shaif Raja @ Md. Saif Raza, Son of Md Saleem, Resident of Village - Ward No.3, Dhurwar, P.O.- Parsauni, P.S.- Parsauni, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar through Secretary of the Home Department, Bihar of Patna.
2. The Collector cum District Magistrate, Sitamarhi.
3. The Superintendent of Police, Sitamarhi.
4. The Officer-in-Charge of Police Station, Sadar, District- Sitamarhi. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Respondent/s : Mr. ANIL KR.SINHA-GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-03-2018 This writ petition has been filed for release of a vehicle (Scorpio) bearing Registration No. BR06 PA 6332 which has been seized in connection with Sitamarhi P.S. Case No. 172 of 2018 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 the present case. Keeping in view the aforesaid, it is directed that pending
Patna High Court CWJC No.5349 of 2018 dt.28-03-2018 2/2 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 Collector-cum-District Magistrate, Sitamarhi, and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties. With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 31.03.2018 Transmission Date N/A