Allowed

Hemant Kumar @ Hemant Kumar Yadav v. The State Of Bihar and Ors.

Patna HC21 Jun 2018CWJC/11216/2018

Case brief

AI extract

What is this about?

High Court allowed the writ petition to release a vehicle seized in an excise case. The Court directed the release of the vehicle upon furnishing two surety bonds and providing an undertaking to produce it when directed.

What did the court decide?

Recovery of vehicle to petitioner upon furnishing two surety bonds and undertaking not to alienate the vehicle pending proceedings.

Hemant Kumar @ Hemant Kumar Yadav Vs The State Of… — Execution and Attachment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11216 of 2018

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Hemant Kumar @ Hemant Kumar Yadav S/o Nand Kishor Ray Resident of Village Khalikpur (Khalimpur) P.O. Jhapahan P.S. Ahiyapur, District Muzaffarpur.

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.... .... Petitioner/s

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Versus

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The State of Bihar through its Chief Secretary, Old Secretariat, Patna. 2. The Principal Secretary, Department of Excise, Bihar, Patna.

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The District Collector, Muzaffarpur, District Muzaffarpur.

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The Superintendent Excise, Muzaffarpur, District Muzaffarpur.

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The Sub-Inspector Excise, Sadar Anchal Muzaffarpur, District Muzaffarpur.

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.... .... Respondent/s

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

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For the Petitioner/s : Mrs. Nitu Kumari, Avocate For the Respondent/s : Mr. Kumar Manish- SC5

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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 21-06-2018 This writ petition has been filed for release of a vehicle ( Maruti Swift Vxi ) bearing Registration No. hr26af 1832, which has been seized in connection with Excise Case No. 47 of 2018 (PR No.80/17-18) 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

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Patna High Court CWJC No.11216 of 2018 (2) dt.21-06-2018

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2/2

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deviation in the present case.

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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, Muzaffarpur 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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Hemant Kumar @ Hemant Kumar Yadav v. The State Of Bihar and Ors.

Case brief

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Hemant Kumar @ Hemant Kumar Yadav v. The State Of Bihar and Ors.

Case brief

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