Chandan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13899 of 2018 ====================================================== Chandan Prasad Son of Baij Nath Prasad Yadav Resident of Mohall South Mandiri, P.S. Budha Colony, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The S.H.O. Punpun Police Station, Patna.

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

For the Petitioner/s :

Mr. Dhananjay Mishra, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha - GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-07-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Punpun P.S. Case No. 176 of 2018) vehicle of the petitioner (Goods carry Tampoo/D/Van bearing Registration No. BR01GD5484) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Patna. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents.

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.13899 of 2018(2) dt.23-07-2018 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) P.K.P./R.S.SenU