Sah Mohammad Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14999 of 2018 ====================================================== Sah Mohammad Ansari, Son of late Amin Ansari, Resident of Village- Lain, P.O. and P.S. Ghorashan (Jharokhar), District-East Champaran. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Motihari, East Champaran.

3. The Superintendent of Excise Department, Motihari, East Champaran.

4. The Officer-in-charge, Ghorashan (Jharokhar),Police Station- East Champaran.

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

For the Petitioner/s :

Mr. Pravin Kumar, 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) 01-08-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR 05D/6165 which has been seized in connection with Ghorasahan (Jharokhar) P.S. Case No.616 of 2017 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 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.14999 of 2018(2) dt.01-08-2018 2/2 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Motihari, East Champaran, 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 in question shall be done as per the valuation shown in the insurance document. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/-s.shukla U