Sohrai Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4307 of 2018 =========================================================== Sohrai Singh S/o Raja Singh Residence of Village - Tola of Dulhin Ganj, P.S. - Jagdishpur, Distt - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Department of Excise, Bailey Road, Patna.

2. Secretary, Department of Excise, Bihar, Patna.

3. The District Magistrate cum Collector, Bhojpur at Arrah.

4. The Superintendent of Police Bhojpur at Arrah.

5. The S.H.O. Jagdishpur P.S. Jagdishpur, Bhojpur. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate. For the Respondent/s : Mr. ANIL KUMAR SINHA, GA 1. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-04-2018 This writ petition has been filed for release of a vehicle (Hero HF Delux Motorcycle) bearing Registration No. BR-035-4968 which has been seized in connection with Jagdishpur P.S. Case No. 389/17 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 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.4307 of 2018 dt.18-04-2018 2/2 finalization of the confiscation proceedings and aforesaid 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, Bhojpur at Arrah 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 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 stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.04.2018 Transmission Date N/A