This court allowed a writ petition for release of a seized motorcycle. It directed release subject to furnishing two surety bonds and an undertaking not to alienate the vehicle during pending proceedings.
Release of the seized motorcycle pending finalization of proceedings subject to furnishing two surety bonds and undertaking not to alienate the vehicle.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17892 of 2017
======================================================
Munna Sah, son of Sakaldev Sah, Resident of Village- Kauriya, Police Station- Bhagwanpur, District- Siwan, At present Prabhu Auto Mobiles Chapra
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Respondent/s : Mr. Vivek Prasad -GP7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 11-12-2017 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR-04W-0146, which has been seized in connection with Sahajitpur P.S. Case No.109 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/or 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 the present case.
Patna High Court CWJC No.17892 of 2017(2) dt.11-12-2017 2/2
Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and/or criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of Collector-cum-District Magistrate, Saran at Chapra and further undertaking to produce the vehicle as and when directed by the Collector-cum-District Magistrate, Saran at Chapra and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case in any manner so as to create third party interest or cause prejudice to the rights of the State Government in 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 impounded vehicle should be released pending finalization of confiscation proceedings.
Munna Sah
The State Of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
