Sunita Devi @ Sunitqa Kr. Chaurisia v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12831 of 2018 ====================================================== Sunita Devi @ Sunitqa Kr. Chaurisia, Wife of Pradeep Kumar, resident of Sahsaraon, P.S.- Bhagwanpur Hat, District- Siwan. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2. The District Magistrate-cum- Collector, Siwan.
3. The Senior Superintendent of Police, Siwan.
4. The S.H.O., Bhagwanpur Hat P.S., District- Siwan.
5. The Investigation Officer, Bhagwanpur Hat P.S. Case No. 70/18, DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, 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) 09-07-2018 This writ petition has been filed for release of a vehicle ( Hero Splender Plus Motorcycle) bearing Registration No. BR 29F-1492 which has been seized in connection with Bhagwanpur Hat P.S. Case No.70 of 2018 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.
Patna High Court CWJC No.12831 of 2018(2) dt.09-07-2018 2/2 Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of District Magistrate, Siwan within a period of one week from the date of her 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.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U