Allowed

Nawal Kishore Prasad Yadav v. The State Of Bihar and Ors.

Patna HC10 May 2017CWJC/6647/2017

Case brief

AI extract

What is this about?

Petitioner challenged seizure of his vehicle. Chief Justice, with Justice Sudhir Singh, allowed the writ petition directing release of the vehicle upon furnishing two surety bonds and an undertaking to the District Magistrate pending confiscation and criminal proceedings.

What did the court decide?

Release of the seized Scorpio vehicle (Regn. No. B.R. 2K-9898) upon furnishing two surety bonds and undertaking to the District Magistrate, Gaya.

Nawal Kishore Prasad Yadav Vs The State… — 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.6647 of 2017

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Nawal Kishore Prasad Yadav, son of Ram Chandra Prasad Yadav, resident of Village- Saliya Kala, Tola- Adarkichak, P.S.- Fathepur, District- Gaya.

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.... .... Petitioner/s

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Versus

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The State of Bihar through Secretary, Department of Excise, New Secretariat, Patna, Bihar.

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The Collector, Gaya.

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The S.P. Gaya.

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The ASI, Mohanpur, P.S.- Gaya.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Advocate Mr. Rahi Pritam, Advocate For the Respondent/s : AC to PAAG-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

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(Per: HONOURABLE THE CHIEF JUSTICE)

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15 10-05-2017 Petitioner has filed this writ petition and seeks a mandamus for release of his vehicle Scorpio bearing Regn. No. B.R. 2K-9898, which has been seized and is under consideration in Barachati (Mohanpur) P.S. Case No.95 of 2017 pending before the District Magistrate, Gaya.

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Under similar circumstances, directing for release of vehicle subject to finalization of the confiscation proceedings, there is an order passed in C.W.J.C. 5361 of 2017 on 2.5.2017.

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We, accordingly, allow this petition.

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It is directed that pending finalization of Barachati

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Patna High Court CWJC No.6647 of 2017 dt.10-05-2017

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2/2

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(Mohanpur) P.S. Case No.95 of 2017 pending before the District Magistrate, Madhubani, the vehicle in question shall be released to the petitioner on his furnishing two surety bonds to the satisfaction of the District Magistrate, Gaya and further undertaking to produce the vehicle as and when directed by the District Magistrate, Gaya and not to alienate the vehicle during the pendency of the confiscation proceedings or the criminal proceedings.

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With the aforesaid, the petition stands allowed and disposed of.

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(Rajendra Menon, CJ)

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(Sudhir Singh, J)

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K.C.jha/-

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Nawal Kishore Prasad Yadav v. The State Of Bihar and Ors.

Case brief

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Nawal Kishore Prasad Yadav v. The State Of Bihar and Ors.

Case brief

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