Allowed

Jawed Alam v. The State Of Bihar and Ors.

Patna HC4 May 2017CWJC/5418/2017

Case brief

AI extract

What is this about?

Writ petition filed seeking release of an auto rickshaw seized in a prosecution under Sections 272, 273 of IPC and Section 30 of Bihar Prohibition Excise Act, 2016. The single judge allowed the petition directing release on furnishing security bonds and undertaking.

What did the court decide?

Release of the auto rickshaw bearing Registration No. BR-11m 2783 to the petitioner on furnishing surety/security bonds to the satisfaction of the District Magistrate, Purnea.

Jawed Alam Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5418 of 2017

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====================================================== Jawed Alam, Son of Yakub, resident of Mahboob Khan Tola, Police Station K. Hat, District – Purnea.

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.... .... Petitioner.

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Versus

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

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The Divisional Commissioner, Excise Department, Purnea, Purnea Division, Purnea.

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District Magistrate, Purnea.

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Superintendent of Police, Purnea. 5. Officer - Charge, K. Hat, P.S. K. Hat, Distt. Purnea.

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.... .... Respondents

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====================================================== Appearance :

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For the Petitioner : Mr. Vikram Singh, Advocate. For the Respondents : Mr. Anil Kumar Sinha, G.A. 1.

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 04-05-2017 Seeking release of an Auto rickshaw bearing Registration No. BR-11m 2783, Engine No. RZ02117583, Chassis No. MBX0000ZFPD4911430 by the Sadar Police Station in Sadar P.S. Case No. 382/2016, under Sections 272, 273 of the I.P.C. and 30 of Bihar Prohibition Excise Act, 2016, this writ petition has been filed.

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Having heard learned counsel for the parties, it is directed that pending finalization of the criminal case and the confiscation proceeding, keeping in view various orders passed by

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Patna High Court CWJC No.5418 of 2017 (2) dt.04-05-2017

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2/2

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a co-ordinate Benches of this Court, we allow this writ application and direct for release of the vehicle in question, Auto rickshaw bearing Registration No. BR-11m 2783, Engine No. RZ02117583, Chassis No. MBX0000ZFPD4911430 to the petitioner on furnishing surety or security bonds to the satisfaction of the respondent no. 3, District Magistrate, Purnea, in connection with Sadar P.S. Case No. 382/2016 and further undertaking to keep the vehicle and produce before the District Magistrate, Purnea, as and when directed and further directed not to alienate during pendency of the proceeding for confiscation the vehicle in question, as released.

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With the aforesaid, the petition stands disposed of.

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(Rajendra Menon, CJ)

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(Sudhir Singh, J)

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U.K./U

Jawed Alam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Jawed Alam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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