Writ petition filed for release of a seized Passion Pro motorcycle. Court allowed the petition directing release of the vehicle upon furnishing two surety bonds and undertaking to produce the vehicle when directed.
Release of the seized vehicle contingent on furnishing two surety bonds and providing an undertaking to produce it when directed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16737 of 2017
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Nitesh Kumar Singh, Son of Late Sudarshan Singh, R/o Vill- Dumraith, P.S.Bhabua, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Respondent/s : Mr. VIKASH KUMAR - SC-11
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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 vehicle (Passion Pro Motorcycle) bearing Registration No. BR 45H-1804, which has been seized in connection with Chainpur P.S. Case No. 251/2017, G.R. No.1552 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.
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.16737 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, Kaimur at Bhabua and further undertaking to produce the vehicle as and when directed by the District Magistrate, Kaimur at Bhabua 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 the seized motorcycle should be released pending finalization of confiscation proceedings and criminal case on furnishing of surety bonds.
Nitesh Kumar Singh
State of Bihar through the Commissioner, Excise Department, State of Bihar, Patna
The Collector cum District Magistrate, Kaimur at Bhabua
The Superintendent of Police, Kaimur at Bhabua
The Officer-in-Charge of Chainpur, Police Station, Kaimur at Bhabua
Jagdish Yadav
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
