Amit Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9714 of 2018 =========================================================== Amit Kumar Mishra @ Amit Mishra, son of Suresh Mishra, resident of village - Muzauna, P.S. - Parsa, District - Saran, Chapra. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Saran

3. The Superintendent of Police, Saran

4. The Deputy Superintendent of Police, Saran

5. The Officer-in-Charge, Derni Police Station, District - Saran

6. The District Excise Officer, Saran.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Respondent/s : Mr. ANIL KR. SINHA- GA1 =========================================================== 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 (Motorcycle CT-100) bearing Engine No. DW2PGC32436 and Chassis No. M02A18A28GPC27233, which has been seized in connection with Derni P.S. Case No. 106/2016 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

Patna High Court CWJC No.9714 of 2018 dt.17-05-2018 we see no reason to make a deviation in the present case. 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 two surety bonds to the satisfaction of District Magistrate, Saran 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 off.

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