Rukmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13933 of 2018 ====================================================== Rukmani Devi, wife of Laddo Ram, resident of Village Murarpur, P.S. Korma and District Sheikhpura.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary Excise, Government of Bihar, Patna.

2. The District Magistrate, Sheikhpura.

3. The Excise Superintendent, Sheikhpura, P.S. and District Sheikhpura.

4. The Officer In-Charge, Sheikhpura Police Station, Sheikhpura, P.S. and District Sheikhpura.

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-07-2018 This writ petition has been filed for release of a vehicle (TVS Star City Motorcycle) bearing Registration No. BR 52A4624 which has been seized in connection with Sheikhpura P.S. Case No. 299 of 2017 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.

Keeping in view the aforesaid, it is directed that pending

Patna High Court CWJC No.13933 of 2018(2) dt.19-07-2018 2/2 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, Sheikhpura 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.

The valuation of the vehicle in question shall be done as per the valuation shown in the insurance document. With the aforesaid, the writ petition stands allowed and disposed of.

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