Gautam Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7822 of 2018 ====================================================== Gautam Kumar, S/o Manoj Kumar Singh, resident of Village- Saidpur, P.O.- Sartan, Police Station- Pandark, District- Patna. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Rail, Patna.

5. The S.H.O. Bakhtiyarpur Rail Police Station Bakhtiyarpur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Respondent/s :

Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-04-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Bakhtiyarpur Rail P.S. Case No.190 of 2017) vehicle of the petitioner (TVS Apache ATR 160 bearing Regn. No.BR01DC7115, Chassis No.MD634KE43G2P72086, Engine No.OE4PG211842) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Patna.

The vehicle in question shall be released within a week from the date of furnishing the sureties. The applicability of Section 56, in the facts and

Patna High Court CWJC No.7822 of 2018(2) dt.24-04-2018 2/2 circumstances of the case, shall be considered and decided before proceeding with the confiscation proceedings. With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U