Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12703 of 2018 ======================================================

1. Ashok Kumar Son of Ram Narayan Mahto resident of Village - Mangarpal Nuran, P.S. Dariyapur, District - Saran at Chapra, At present residing at Mohalla - Deep Nagar, P.S. - Hajipur, District - Vaishali at Hajipur.

.... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Saran at Chapra.

3. The Assistant Excise Commissioner, Saran at Chapra.

4. The Superintendent of Excise, Saran at Chapra.

5. The Superintendent of Police, Saran at Chapra.

6. The Vehicle Inspector, Saran at Chapra.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Respondent/s : Mr. Vikash Kumar - Sc11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-07-2018 This writ petition has been filed for release of a vehicle bearing Registration No.BR-31S-9176, Chassis No.MBLHA10BFFHC38605, which has been seized in connection with Naya Gaon P.S. Case No 50 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

Patna High Court CWJC No.12703 of 2018 (2) dt.11-07-2018 2/2 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 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 District Magistrate-cum-Collector, Saran at Chapra, and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate to 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 stand allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Sanjeev/- U T