Allowed

Ravi Kumar v. The State Of Bihar and Ors.

Patna HC22 Jun 2018CWJC/11332/2018

Case brief

AI extract

What is this about?

Criminal petitioner filed a writ petition seeking release of a seized motorcycle pending finalization of confiscation proceedings under the Excise Act. The High Court allowed the petition directing the authorities to release the vehicle subject to furnishing of surety bonds.

What did the court decide?

Vehicle (BR 43J 8626) to be released within one week of furnishing two surety bonds and undertaking to comply with directions and not to alienate the vehicle.

Ravi Kumar 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.11332 of 2018

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Ravi Kumar, son of Kare Singh, resident of Village- Alam Nagar, Ward No. 10, P.S.- Alam Nagar, District- Madhepura

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... ... Petitioner/s

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Versus

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

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The Excise Commissioner, Bihar, Patna

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The District Magistrate-cum-Collector, Madhepura

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The Station House Officer (S.H.O.), Alam Nagar Police Station, DistrictMadhepura

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad -GP-7

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

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 22-06-2018 This writ petition has been filed for release of a vehicle (HF Deluxe Motorcycle) bearing Registration No. BR 43J 8626, which has been seized in connection with Alam Nagar P.S. Case No. 87/2018 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

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It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in

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Patna High Court CWJC No.11332 of 2018(2) dt.22-06-2018 2/2

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the present case.

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Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Madhepura 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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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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P.K.P./-

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Ravi Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ravi Kumar v. The State Of Bihar and Ors.

Case brief

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