Bijay Kumar Rai @ Munna Rai v. The State Of Bihar And ORS

Patna High Court CWJC No.9526 of 2018 dt.17-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9526 of 2018 =========================================================== Bijay Kumar Rai @ Munna Rai, S/o Jamun Rai @ Yamuna Rai, resident of Village- Etwarpur, Sisaula, P.S. Lalganj, District- Vaishali. .... .... Petitioner/s

Versus

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

2. The Divisional Commissioner, Excise Department Division, Muzaffarpur.

3. The District Magistrate, Vaishali at Hajipur.

4. The Superintendent of Police, Vaishali at Hajipur.

5. The Office-in- Charge, Bhagwanpur P.S. District- Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Respondent/s : Mr. VIKASH KUMAR- SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 17-05-2018 This writ petition has been filed for release of a vehicle (Alto Car) bearing Registration No. BR01BA-4133 which has been seized in connection with Lalganj P.S. Case No. 257/2017 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.

Patna High Court CWJC No.9526 of 2018 dt.17-05-2018 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 Bank Guarantee to the satisfaction of District Magistrate, Vaishali at Hajipur 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 Bank Guarantee. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Rajeev/- AFR/NAFR CAV DATE Uploading Date 21.05.2018 Transmission Date