Allowed

Jay Prakash Singh v. The State Of Bihar and Ors.

Patna HC12 Dec 2017CWJC/17615/2017

Case brief

AI extract

What is this about?

In a writ petition, the Patna High Court allowed the release of a seized Tempo vehicle pending finalization of confiscation proceedings under the Bihar Prohibition and Excise Act, 2016, subject to furnishing of two sureties and undertaking not to alienate the vehicle.

What did the court decide?

Release of seized Tempo bearing Registration No. BR-26K 8332 upon furnishing two sureties and undertaking not to alienate the vehicle.

Jay Prakash Singh Vs The State Of Bihar and Ors. — Motor Accident Claims | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17615 of 2017

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======================================================

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Jay Prakash Singh Son of Bahadur Singh Resident of Village - Madhutola, P.S. Surajpura, District - Rohtas.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Excise Commissioner, Government of Bihar, Patna.

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The District Magistrate, Bhojpur at Ara.

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The Senior Superintendent of Police, Bhojpur at Ara.

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The Superintendent of Police, Excise, Bhojpur at Ara.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. ANIL KUMAR SINHA - GA - 1 ====================================================== 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 12-12-2017

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This writ petition has been filed for release of Tempo bearing Registration No. BR -26K 8332 which has been seized in connection with Piro (Hasan Bazar) P.S. Case No. 131 of 2017 for violation of the Bihar Prohibition and Excise Act, 2016. 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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Seeking release of the vehicle in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to

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Patna High Court CWJC No.17615 of 2017(2) dt.12-12-2017 2/2

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be released.

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Keeping in view the aforesaid, this writ petition is also allowed and the vehicle in question, i.e. Tempo bearing Registration No. BR -26K 8332 shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, Bhojpur at Ara within a period of one week from the date of furnishing the sureties, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate, Bhojpur at Ara so as to cause adverse effect or prejudice to the State Government.

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With the aforesaid, the petition stands disposed of

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(Rajendra Menon, CJ)

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( Anil Kumar Upadhyay, J)

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spandey/-

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Jay Prakash Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Jay Prakash Singh v. The State Of Bihar and Ors.

Case brief

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