Umesh Kumar Gupta v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11889 of 2018 ====================================================== Umesh Kumar Gupta, son of Madan Mohan Prasad, resident of Ward No.1, Police Line Road, Nathuni Bhagat Shivpuri Baikunthpuri Mill, P.S. Brahampura (wrongly mentioned as Mithanpura in Owner Book) DistrictMuzaffarpur, presently living at village- Kolhua Paigamberpur, P.s.- Ahiyapur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The Excise Superintendent, Muzaffarpur.
4. The Superintendent of Police, Muzaffarpur.
5. The Excise Inspector, Anchal Motipur, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, 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) 05-07-2018 This writ petition has been filed for release of a vehicle ( Maruti Swift Car ) bearing Registration No. BR-06BC/9700, which has been seized in connection with Excise Case No. 434 of 2017 due to violation of the provisions of the Excise Act.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal proceedings, vehicles have been directed to be released by this Court on various conditions and we see no reason to make a
Patna High Court CWJC No.11889 of 2018 (2) dt.05-07-2018 2/2 deviation in the present case.
Keeping in view the aforesaid, it is directed that pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Muzaffarpur 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. The vehicle in question be released within one week from the date of furnishing Bank Guarantee.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) K.C.jha/- U