Allowed

Ranjit Kumar v. The State Of Bihar and Ors.

Patna HC23 Nov 2017CWJC/17044/2017

Case brief

AI extract

What is this about?

In a writ petition, the Chief Justice directed the release of a seized Scooty vehicle pending finalization of confiscation proceedings under the Excise Act, subject to furnishing two surety bonds and an undertaking to produce the vehicle as directed and not alienate it.

What did the court decide?

Release of the seized vehicle bearing Registration No. BR 29Y-3752 pending finalization, subject to furnishing two surety bonds and undertaking.

Ranjit Kumar Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17044 of 2017

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Ranjit Kumar, Son of Baidhnath Prasad, Resident of Village- Srinagar Lakhrav, Police Station- Siwan Muffasil, District- Siwan.

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Siwan.

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The Superintendent of Police, Siwan.

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The Officer in Charge, Muffasil Police Station, Siwan, District- Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Respondent/s : Mr. VIKASH KUMAR -SC11

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 23-11-2017 This writ petition has been filed for release of a vehicle (Scooty ) bearing Registration No. BR 29Y-3752, which has been seized in connection with Siwan Muffasil P.S. Case No.364/2016 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 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

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Patna High Court CWJC No.17044 of 2017(2) dt.23-11-2017 2/2

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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, Siwan and further undertaking to produce the vehicle as and when directed by the District Magistrate,Siwan 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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Ranjit Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ranjit Kumar v. The State Of Bihar and Ors.

Case brief

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