The High Court allowed a writ petition seeking release of a seized motorcycle pending confiscation proceedings under the Excise Act, directing the petitioner to furnish two surety bonds to the District Magistrate.
Directing release of the seized motorcycle to the petitioner on furnishing two surety bonds to the District Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16107 of 2017
======================================================
Munna Rai @ Munna Kumar Rai, son of Lt. Laxmi Rai, R/o Village Pipari, P.S. Garkha, District Saran
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Respondent/s : Mr. VIKASH KUMAR -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 20-11-2017
This writ petition has been filed for release of a Motorcycle bearing Registration No. BR-04R 1474, which has been seized in connection with Garkha P.S. Case No. 02 of 2017, G.R. No.18/17 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.
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
Patna High Court CWJC No.16107 of 2017(2) dt.20-11-2017 2/2
the present case.
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, Chapra and further undertaking to produce the vehicle as and when directed by the District Magistrate, Chapra and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
U
1 issue framed by the court
Whether a motorcycle seized for violation of Excise Act shall be released pending confiscation proceedings upon furnishing surety bonds.
Munna Rai @ Munna Kumar Rai
The State Of Bihar
The Collector-cum-District Magistrate, Chapra
The Superintendent of Police, Chapra
The Officer-in-Charge of Garkha Police Station, Saran
HONOURABLE THE CHIEF JUSTICE
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
