Allowed

Pramod Kumar v. The State Of Bihar and Ors.

Patna HC9 Nov 2017CWJC/14311/2017

Case brief

AI extract

What is this about?

This judgment allows a writ petition seeking release of a seized p/van (BR-11S-9922) pending confiscation proceedings. The court directs release upon furnishing a bank guarantee to the District Magistrate, subject to conditions requiring vehicle availability during proceedings and no alienation.

What did the court decide?

Vehicle BR-11S-9922 released on bank guarantee to District Magistrate; undertaking not to alienate vehicle required.

Pramod Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14311 of 2017

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Pramod Kumar son of Brahmdeo Singh R/o Village - Mahinathpur, P.S. - Korha, District Katihar.

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.... .... Petitioner/s

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Versus

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

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The Divisional Commissioner, Excise Department, Purnia Division, Purnia.

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The District Magistrate, Katihar.

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The Superintendent of Police, Katihar.

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The Officer-in-charge, Balrampur, Police Station, Katihar.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Karuna Kant Jha For the Respondent/s : Mr. Anil Kr.Sinha-Ga1

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======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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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 09-11-2017 The P/Van bearing Registration No. BR-11S-

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9922 has been seized and confiscation proceeding has been initiated under the Bihar Prohibition and Excise Act, 2016 by the District Magistrate, Katihar.

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Seeking release of the vehicle in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released.

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Keeping in view the aforesaid, this petition is

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Patna High Court CWJC No.14311 of 2017 (2) dt.09-11-2017

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2/2

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also allowed and the vehicle in question i.e. P/Van bearing Registration No. BR-11S-9922 shall be released to the petitioner on his furnishing bank guarantee to the satisfaction of the District Magistrate, Katihar, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate so as to cause adverse effect or prejudice to the State Government.

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With the aforesaid, the petition stands disposed

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of.

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(Rajendra Menon, CJ)

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(Anil Kumar Upadhyay, J)

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Shageer/-

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Pramod Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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