Allowed

Panna Lal Yadav v. The State Of Bihar and Ors.

Patna HC12 Oct 2017CWJC/14058/2017

Case brief

AI extract

What is this about?

This writ petition challenged the seizure of a vehicle (Tata Sumo Gold) in connection with an excise violation case. The Court allowed the petition, directing the release of the vehicle upon the petitioner furnishing a bank guarantee and undertaking to produce it as directed.

What did the court decide?

Directing the release of the seized vehicle (Tata Sumo Gold) upon furnishing a bank guarantee and undertaking to produce it as directed.

Panna Lal Yadav Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14058 of 2017

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Panna Lal Yadav, Son of Late Bisheshwar Yadav, resident of VillageKasaha, Ward No. 2, Police Station- Triveniganj, and District- Supaul.

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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, Patan.

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The District Magistrate-cum-Collector, Supaul.

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The Superintendent of Police, Supaul.

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The Superintendent of Excise, Supaul.

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The Officer in Charge, Triveniganj Police Station, District- Supaul.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Jay Prakash Sharma, Advocate For the Respondent/s :

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 12-10-2017 This writ petition has been filed for release of a vehicle (Tata Sumo Gold) bearing Registration No. BR-38F-3455, which has been seized in connection with Triveniganj P.S. Case No. 180 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

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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

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Patna High Court CWJC No.14058 of 2017(2) dt.12-10-2017 2/2

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the present case.

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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 to the petitioner on his furnishing bank guarantee to the satisfaction of District Magistrate, Supaul and further undertaking to produce the vehicle as and when directed by the District Magistrate, Supaul and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.

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

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(Rajendra Menon, CJ)

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( Anil Kumar Upadhyay, J)

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P.K.P./-

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Panna Lal Yadav v. The State Of Bihar and Ors.

Case brief

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Panna Lal Yadav v. The State Of Bihar and Ors.

Case brief

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