Allowed

Rajan Kumar v. The State Of Bihar and Ors.

Patna HC18 May 2018CWJC/10057/2018

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by Rajan Kumar seeking release of a seized vehicle (Tata Sumo). Directing release upon furnishing a Bank Guarantee to the District Magistrate, the petitioner also undertook not to alienate the vehicle.

What did the court decide?

Direction to release the seized vehicle to the petitioner upon furnishing a Bank Guarantee to the District Magistrate and submitting an undertaking.

Rajan Kumar Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10057 of 2018

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====================================================== Rajan Kumar

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The State of Bihar & Ors

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.... .... Petitioner/s Versus .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha For the Respondent/s : Mr. Vivek Prasad -Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 18-05-2018 This writ petition has been filed for release of a vehicle (Tata Sumo gold, zeep) bearing Registration No.BR-29-04Q-2948 which has been seized in connection with (F.I.R.) Mairuse P.S. Case No.239 of 2016 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 criminal case.

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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.

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Keeping in view the aforesaid, it is directed that pending

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Patna High Court CWJC No.10057 of 2018 (2) dt.18-05-2018

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finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, Siwan 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of 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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Sanjeev/-

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(Rajeev Ranjan Prasad, J)

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U T

Rajan Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Rajan Kumar 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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