Allowed

Chanda Devi v. The State Of Bihar and Ors.

Patna HC26 Jun 2018CWJC/10032/2018

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What is this about?

The High Court allowed a writ petition seeking release of a seized motorcycle. The Court directed the authorities to release the vehicle upon the petitioner furnishing a bank guarantee and undertaking to produce it when required, pending finalization of excise/criminal proceedings.

What did the court decide?

Vehicle to be released on furnishing bank guarantee and undertaking to produce it when directed and not alienate it.

Chanda Devi Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10032 of 2018

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

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Chanda Devi, W/o Rajesh Sah, R/o- Piyano, P.O.- Arwal, P.S.- Kopa, DistrictSaran.

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... ... Petitioner/s

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Versus

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

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Secretary, Department of Excise, Bihar, Patna.

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The District Magistrate cum Collector, Saran at Chapra.

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The Superintendent of Police Saran at Chapra.

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The S.H.O., Kowa P.S., District Saran.

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... ... Respondent/s

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

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For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Respondent/s : Mr. Vikash Kumar- SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 26-06-2018

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This writ petition has been filed for release of a vehicle (Passion Pro Motorcycle) bearing Registration No. BR04 W-9544, which has been seized in connection with Kowa P.S. Case No. 160 of 2017 due to violation of the provisions of the Excise Act.

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It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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.

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Keeping in view the aforesaid, it is directed that

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Patna High Court CWJC No.10032 of 2018(2) dt.26-06-2018 2/2

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pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Saran at Chapra and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.

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The vehicle in question be released within one week from the date of furnishing the bank guarantee.

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

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(Rajendra Menon, CJ)

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(Rajeev Ranjan Prasad, J)

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K.C.Jha/R.S.Sen /-

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Chanda Devi v. The State Of Bihar and Ors.

Case brief

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Chanda Devi v. The State Of Bihar and Ors.

Case brief

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