Allowed

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

Patna HC23 Nov 2017CWJC/17172/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought release of a seized Scorpio vehicle liable for confiscation under the Excise Act. The Court allowed the petition, directing release of the vehicle upon the petitioner furnishing two surety bonds to the District Magistrate and undertaking to produce the vehicle as directed.

What did the court decide?

Vehicle released to petitioner upon furnishing two surety bonds to the District Magistrate and undertaking to produce vehicle as directed without alienating it.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17172 of 2017

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Satyendra Kumar Singh, Son of Late Ramaji Singh, Resident of VillageChakra, P.S.- Muffasil Siwan, 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, Excise, Prohibition & Registration Department, Government of Bihar, Patna.

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The Collector-cum-District Magistrate, Siwan.

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The Superintendent of Excise, Siwan.

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The Superintendent of Police, Siwan.

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The Officer In Charge, Mairwa, Police Station, Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prabhakar Singh, Adv. For the Respondent/s : Mr. VIKASH KUMAR -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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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 (Scorpio ) bearing Registration No. BR 029K-0075, which has been seized in connection with Mairwa P.S. Case No. 310/2017 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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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.17172 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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Satyendra Kumar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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

Case brief

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