Allowed

Chaudhary Ram v. The State Of Bihar and Ors.

Patna HC22 Aug 2017CWJC/11565/2017

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What is this about?

Petitioner sought release of a seized motorcycle under a writ petition. The High Court issued directions for the vehicle's release pending finalization of confiscation proceedings, subject to furnishing two surety bonds and an undertaking to produce the vehicle.

What did the court decide?

Directed release of the seized motorcycle upon furnishing two surety bonds and providing an undertaking to produce the vehicle as and when directed.

Chaudhary Ram Vs The State Of Bihar and Ors. — Patna HC (2017) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11565 of 2017

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Chaudhary Ram, Son of Sri Indradeo Ram, Resident of Village- Murarpur, P.O.- Katari, Police Station- Korma, District- Sheikhpura.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The District Magistrate-cum-Confiscation Officer, Sheikhpura.

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The Superintendent of Police, Sheikhpura.

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The Officer in charge, Korma Police Station, District- Sheikhpura.

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad-GP-7

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 22-08-2017 Petitioner has filed this writ petition and seeks a mandamus for release of vehicle Motorcycle (TVS Sport) having Registration No. BR-52A-3254, which has been seized and is under consideration in Confiscation Case No.24 of 2017 arising out of Excise PR No. 01/2017-18 pending before the District Magistrate, Sheikhpura

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Under similar circumstances, directing for release of vehicle subject to finalization of the confiscation proceedings, there is an order passed in C.W.J.C. 5361 of 2017 on 2.5.2017.

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We, accordingly, allow this petition.

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Patna High Court CWJC No.11565 of 2017 (2) dt.22-08-2017

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2/2

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It is directed that pending finalization of Confiscation Case No. 24 of 2017 pending before the District Magistrate, Sheikhpura, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of the District Magistrate, Sheikhpura and further undertaking to produce the vehicle as and when directed by the District Magistrate, Sheikhpura and not to alienate the vehicle during the pendency of the confiscation proceedings or the criminal proceedings.

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With the aforesaid, the petition stands allowed and disposed of.

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(Rajendra Menon, CJ)

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S.Pandey/-

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(Anil Kumar Upadhyay, J)

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Chaudhary Ram v. The State Of Bihar and Ors.

Case brief

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Chaudhary Ram v. The State Of Bihar and Ors.

Case brief

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