Lal Bihari Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7339 of 2018 ====================================================== Lal Bihari Singh, Son of Kailash Singh, Resident of Village- Munaap Khurd, P.S.- Tarari, at present residing at Piro Ward No.8, P.S.- Piro, District- Bhojpur (Ara).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.
2. The District Magistrate, Bhojpur at Ara.
3. The Superintendent of Police, Bhojpur at Ara.
4. The Deputy Superintendent of Police, Ara, Bhojpur.
5. The Superintendent of Excise, Bhojpur at Ara.
6. The Station House Officer, Piro (Hasanbazar), Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, 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) 19-04-2018 This writ petition has been filed for release of a vehicle (Motorcycle Glamour FI) bearing Registration No. BR03U 4609, Chassis No.MBLJA06APGGE01816 AND Engine No. JA06ELGGE01850, a Samsung Mobile and Rs.10,620/- which have been seized in connection with Piro
Patna High Court CWJC No.7339 of 2018(2) dt.19-04-2018 2/3 (Hasanbazar) P.S. Case No.65 of 2018 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 and other articles 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 finalization of the confiscation/excise proceedings and/or criminal case, the vehicle, mobile and cash as detailed above shall be released to the petitioner after preparing Panchnama, on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Bhojpur at Ara and further undertaking to produce the vehicle and other items 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 and other items in question be released within one week from the date of furnishing the surety bonds.
Patna High Court CWJC No.7339 of 2018(2) dt.19-04-2018 3/3 With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U