Allowed

Mithu Ray v. The State Of Bihar and Ors.

Patna HC26 Jun 2018CWJC/11215/2018

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What is this about?

The court allowed a writ petition seeking the release of a seized Auto Tempo bearing BR01PE-5975 during pending excise and criminal proceedings. It directed the authorities to release the vehicle within one week upon the petitioner furnishing two surety bonds to the District Magistrate-cum-Collector and undertaking to produce the vehicle as directed.

What did the court decide?

The disputed vehicle is directed to be released to the petitioner within one week upon furnishing two surety bonds and undertaking to produce the vehicle as directed.

Mithu Ray Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11215 of 2018

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

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Mithu Ray, son of Neman Ray, resident of village- Rikabganj, Police Station- Didarganj, Patna City, District- Patna.

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

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The State of Bihar through Principal Secretary, Registration and Prohibition of Excise, Government of Bihar, Patna.

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The District Magistrate, Patna.

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The Senior Superintendent of Police, Patna.

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The Station House Officer, Ram Krishna Nagar Police Station, DistrictPatna.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Ajay Mishra, Advocate For the Respondent/s : Mr. Vikash Kumar- SC11

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

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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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 ( Auto Tempo ) bearing Registration No. BR01PE-5975, which has been seized in connection with Special Case No.2354 of 2017 arising out of Ram krishna Nagar P.S. Case No. 86 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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Patna High Court CWJC No.11215 of 2018 (2) dt.26-06-2018

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2/2

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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, Patna 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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Mithu Ray v. The State Of Bihar and Ors.

Case brief

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Mithu Ray v. The State Of Bihar and Ors.

Case brief

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