Allowed

Gautam Kumar Singh v. The State Of Bihar and Ors.

Patna HC2 Nov 2017CWJC/15575/2017

Case brief

AI extract

What is this about?

This court released a seized vehicle to the petitioner pending the outcome of confiscation proceedings and criminal case under the Excise Act, provided surety bonds were furnished and the vehicle was not alienated.

What did the court decide?

Release of the seized vehicle (Maruti Swift) pending finalization of confiscation proceedings and criminal case upon furnishing two surety bonds and undertaking not to alienate the vehicle.

Gautam Kumar Singh Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15575 of 2017

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Gautam Kumar Singh Son of Chandrama Singh, Permanent Resident of Village-Dinara, P.S.-Dinara, District-Rohtas at Sasaram, Bihar. Also at.resident of Jyoti Nagar, P.S.-Dipka, District-Korba, Chattisgarh.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Principal Secretary, Prohibition Excise & Registration Department Government of Bihar, Patna.

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The Commissioner, Prohibition Excise & Registration Department, Government of BIhar, Patna.

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The District Transport Officer, Rohtas at Sasaram.

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The District Magistrate-Cum-Collector, Rohtas at Sasaram.

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The Superintending of Excise, Rohtas at Sasaram.

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The Superintending of Police, Rohtas at Sasaram.

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The S.H.O. Dionara Thana

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. For the Respondent/s : Mr. VIVEK PRASAD -GP7

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 02-11-2017

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This writ petition has been filed for release of a vehicle (Maruti Swift VXI BS IV) bearing Registration No. CG 12A Q/8337, which has been seized in connection with Dinara P.S. Case No. 184/2017 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

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Patna High Court CWJC No.15575 of 2017(2) dt.02-11-2017 2/2

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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.

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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 two surety bonds to the satisfaction of District Magistrate, Rohtas at Sasaram and further undertaking to produce the vehicle as and when directed by the District Magistrate, Rohtas at Sasaram 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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K.C.Jha/-

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Gautam Kumar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Gautam Kumar Singh v. The State Of Bihar and Ors.

Case brief

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