Chandan Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5069 of 2018 ====================================================== Chandan Mandal, S/o Shivanand Mandal, R/o Village- Ghat Chikni, Ward No. 14, P.S.- Kursakanta, District- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Registration Excise & Prohibition Department, Government of Bihar, Patna.

2. The Principal Secretary, Registration Excise & Prohibition Department, Government of Bihar, Patna.

3. The Collector, District- Araria.

4. The Superintendent of Police, Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate 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) 22-03-2018 This writ petition has been filed for release of a vehicle (Two Wheeler Hero HF Delux Motorcycle) bearing Registration No. BR 38F-8625, which has been seized in connection with Kursakanta (Sonamani Gudam) P.S. Case No. 213/2017 due to violation of the Bihar Prohibition and Excise Act, 2016. It is common ground that in various cases, identical in nature, pending initiation/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.

Keeping in view the aforesaid, it is directed that pending

Patna High Court CWJC No.5069 of 2018(2) dt.22-03-2018 2/2 initation/finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Araria, within a period of one week from the date of his 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