Kunti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13006 of 2018 ====================================================== Kunti Devi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Kumar For the Respondent/s : Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-07-2018 This writ petition has been filed for release of a shop which has been seized in connection with Excise Case No.43C-2/17 due to violation of the Excise Act. The prayer made in the writ petition is to release the shop 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 shop has 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 finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released and

Patna High Court CWJC No.13006 of 2018 (2) dt.11-07-2018 2/2 possession handed over to the petitioner, on furnishing two local sureties bonds to the satisfaction of District Magistrate, Lakhisarai and further undertaking not to alienate or to deal with the shop 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 shop shall be released within one week from the date of furnishing sureties. With the aforesaid, the writ petition stand allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Sanjeev/- U T