Kailash Singh Kushwaha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13253 of 2018 ====================================================== Kailash Singh Kushwaha, Son of Late Dinanath Singh, Resident of VillageJalalpur, P.S.- Bheldi, District- Saran. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The Commissioner, Excise, Govt. of Bihar, Patna.
3. The District Magistrate, Saran at Chapra.
4. The Superintendent of Police, Saran at Chapra.
5. The Officer-in-charge, Bheldi Police Station, Saran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Rajesh Kumar Singh, Adv.
For the Respondent/s :
Mr. Anil Kr. Sinha- Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-07-2018 This writ petition has been filed for release of Maruti Alto Car LXI, bearing registration no. BR-29B-8421 which has been seized in connection with Bheldi P.S. Case No. 111 of 2018 due to violation of the Bihar Prohibition and Excise Act, 2016.
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 seen no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.13253 of 2018(2) dt.16-07-2018 2/2 pending finalization of the confiscation proceedings and criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of the District Magistrate, Saran at Chapra, within a period of one week from the date of his furnishing the sureties 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 during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. The valuation of the vehicle shall be done as per the valuation shown in the insurance papers.
With the aforesaid, the writ petition stands allowed and disposed off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U