Writ petition filed for release of seized motorcycle pending finalization of confiscation proceedings. Court allowed petition directing release upon furnishing two surety bonds and undertaking to produce vehicle.
Vehicle released pending finalization of confiscation and criminal case subject to furnishing two surety bonds and undertaking to produce vehicle.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16842 of 2017
======================================================
Puja, W/o Rahul Kumar, Resident of Mohalla- Mir Abusalem Road, Gautam Budh College Gaya, P.S.- Kotwali, District- Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, 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 vehicle (Hero Honda Pulsar Motorcycle) bearing Registration No. BR 02AB-2213, which has been seized in connection with Barachatti (Mohanpur) P.S. Case No. 082/2017 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
Patna High Court CWJC No.16842 of 2017(2) dt.20-11-2017 2/2
various conditions and we see no reason to make a deviation in 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, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya 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
3 issues framed by the court
Whether the vehicle seized in excise proceedings should be released pending finalization of confiscation and criminal case.
Whether petitioner should furnish surety bonds and undertaking to secure release of seized vehicle.
Whether court's order aligns with existing precedents for similar cases.
Puja, W/o Rahul Kumar
State of Bihar through the Principal Secretary, Excise Prohibition & Registration Department, Government of Bihar, Patna
Collector-cum-District Magistrate, District- Gaya
Superintendent of Excise, Gaya, Dist- Gaya
Superintendent of Police, Gaya, Dist- Gaya
Officer Incharge, Barachatti (Mohanpur), District- Gaya
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
