Allowed

Rajendra Kumar v. The State Of Bihar and Ors.

Patna HC12 Dec 2017CWJC/18191/2017

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking release of a seized motorcycle pending confiscation proceedings under the Bihar Prohibition and Excise Act. The vehicle will be released subject to furnishing two sureties within one week and undertaking not to alienate it during the proceedings.

What did the court decide?

Release of the seized TS Star City Motorcycle (Reg. No. BR-05V-6021) to the petitioner upon furnishing two sureties within one week.

Rajendra Kumar Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18191 of 2017

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Rajendra Kumar, s/o Lalbabu Sah r/o Bara Bariyarpur, P.S. Chhatauni Dist. E. Champaran

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... ... Petitioner/s

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Versus

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The State Of Bihar through Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar

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The District Magistrate, East Champaran at Motihari

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The Police Superintendent, East Champaran at Motihari The Officer Incharge of Chakiya Police Station E.Champaran

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Respondent/s : Mr. ANIL KUMAR SINHA -GA1 Mr. Kumar Ravish, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

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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 This writ petition has been filed for release of TVS Star City Motorcycle bearing Registration No. BR -05V-6021 which has been seized in connection with Chakiya P.S. Case No. 237 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.18191 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. TVS Star City Motorcycle bearing Registration No. BR -05V-6021 shall be released to the petitioner on his furnishing two sureties to the satisfaction of the District Magistrate, East Champaran at Motihari 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, East Champaran at Motihari 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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Rajendra Kumar v. The State Of Bihar and Ors.

Case brief

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Rajendra Kumar v. The State Of Bihar and Ors.

Case brief

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