Allowed

Prakash Mukhiya v. The State Of Bihar and Ors.

Patna HC21 Jun 2018CWJC/11191/2018

Case brief

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What is this about?

The Patna High Court allowed a writ petition filed for release of a seized motorcycle. Directing its release to the petitioner upon furnishing two surety bonds to the District Magistrate-cum-Collector and undertaking to produce the vehicle when directed, it emphasized deviation from established practice granting similar relief in identical cases pending confiscation procedures.

What did the court decide?

Release of the seized motorcycle to the petitioner upon furnishing two surety bonds to the District Magistrate-cum-Collector and providing an undertaking.

Prakash Mukhiya Vs The State Of Bihar and Ors. — Patna HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11191 of 2018

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

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Prakash Mukhiya, son of Late Thakuri Mukhiya, resident of villageUchchaith Police Station, Benipatti, District- Madhubani.

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

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The State of Bihar through its Principal Secretary, Excise Department at Patna.

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The Divisional Commissioner, Excise Department of Darbhanga, Division, Darbhanga.

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The Collector, Madhubani.

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The Superintendent of Police, Madhubani.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Respondent/s : Mr. Anil Kr. Sinha- GA1

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 21-06-2018

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This writ petition has been filed for release of a vehicle ( Motorcycle ) bearing Registration No. B R 32 N 0763, which has been seized in connection with G.O Case No. 245 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.11191 of 2018 (2) dt.21-06-2018

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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 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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K.C.jha/-

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Prakash Mukhiya v. The State Of Bihar and Ors.

Case brief

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Prakash Mukhiya v. The State Of Bihar and Ors.

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