Writ petition for release of a seized vehicle pending confiscation proceedings allowed on furnishing two surety bonds and undertaking to produce the vehicle as directed and not to alienate it.
Release of seized vehicle upon furnishing two surety bonds and undertaking not to alienate the vehicle during pendency of proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11035 of 2018
======================================================
Mukesh Kumar, Son of Umesh Sharma, resident of Village- Lakhisarai, Police Station- Ghoshi, District- Jehanabad, at present residing at MohallaPrem Nagar, Horilganj, Police Station- Jehanbad, District- Jehanabad.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Respondent/s : Mr. Kumar Manish-SC5
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 21-06-2018
This writ petition has been filed for release of a vehicle ( Maruti Suzuki Swift Dzire Car ) bearing Registration No. HR54C-8667, which has been seized in connection with Makhdumpur P.S. Case No. 121 of 2018
due to violation of the provisions of the Excise Act.
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
Patna High Court CWJC No.11035 of 2018 (2) dt.21-06-2018
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deviation in the present case.
Keeping in view the aforesaid, it is directed that 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, Jehanabad 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.
The vehicle in question be released within one week from the date of furnishing the surety bonds.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
K.C.jha/-
U
Mukesh Kumar
State of Bihar
District Magistrate-cum-Collector, Jehanabad
Senior Superintendent of Police, Jehanabad
Superintendent of Police, Excise, Jehanabad
Officer-In- Charge, Makhdumpur Police Station
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
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