Allowed

Deepak Kumar Mandal v. The State Of Bihar and Ors.

Patna HC20 Jun 2018CWJC/10269/2018

Case brief

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What is this about?

The Patna High Court allowed a writ petition seeking release of a seized motorcycle. The Court directed the release of the vehicle upon the petitioner furnishing two surety bonds and an undertaking to produce the vehicle if required and not to alienate it during pending proceedings.

What did the court decide?

Seized motorcycle to be released within one week upon furnishing two surety bonds and undertaking the conditions of non-alienation.

Deepak Kumar Mandal Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10269 of 2018

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Deepak Kumar Mandal, Son of Ghuran Mandal, Resident of VillageChharapatti, P.O.- Sikatiyahi, P.S.- Khutauna, District- Madhubani.

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.... .... Petitioner/s

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Versus

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

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The District Magistrate, Madhubani.

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The Superintendent of Police, Madhubani.

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The S.H.O. Laukaha, Police Station, Madhubani.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Anil Kumar Sinha –GA-1

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 20-06-2018 This writ petition has been filed for release of a vehicle ( Motorcycle ) bearing Registration No. BR-32S 6961, which has been seized in connection with Laukaha P.S. Case No. 44 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.10269 of 2018 (2) dt.20-06-2018

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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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, Madhubani 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 surety bonds.

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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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N.H./-

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Deepak Kumar Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

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Deepak Kumar Mandal v. The State Of Bihar and Ors.

Case brief

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