Allowed

Ram Kumar Paswan v. The State Of Bihar and Ors.

Patna HC25 Jun 2018CWJC/11457/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna allowed a writ petition seeking release of a seized vehicle. The Court directed the release of the motorcycle upon furnishing two surety bonds and an undertaking to produce the vehicle and not alienate it during pendency. The writ petition was disposed of within one week of bond furnishing.

What did the court decide?

Vehicle released within one week upon furnishing two surety bonds and undertaking to produce vehicle and not alienate it.

Ram Kumar Paswan Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11457 of 2018

¶2

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

¶3

Ram Kumar Paswan, Son of Late Khokhai Paswan, resident of VillageChichri Buzurg, P.O. + P.S.- Rajnagar, District- Madhubani.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

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

¶7

The District Magistrate, Madhubani.

¶8

The Superintendent of Police, Madhubani.

¶9

The S.H.O. Rajnagar Police Station, Madhubani.

¶10

.... .... Respondent/s

¶11

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

¶12

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Vikash Kumar- SC11

¶13

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

¶14

ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

¶15

2 25-06-2018 This writ petition has been filed for release of a vehicle ( T.V.S. Apache Motorcycle ) bearing Registration No. BR-32T/0832, which has been seized in connection with Rajnagar P.S. Case No. 207 of 2017 due to violation of the provisions of the Excise Act.

¶16

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

¶17

deviation in the present case.

¶18

Patna High Court CWJC No.11457 of 2018 (2) dt.25-06-2018

¶19

2/2

¶20

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, 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.

¶21

The vehicle in question be released within one week from the date of furnishing the surety bonds.

¶22

With the aforesaid, the writ petition stands allowed and disposed of.

¶23

(Rajendra Menon, CJ)

¶24

(Rajeev Ranjan Prasad, J)

¶25

K.C.jha/-

¶26

Ram Kumar Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ram Kumar Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ravi Kumar Vs The State Of Bihar and Ors.

Ram Pukar Mahto Vs The State Of Bihar, Through The Principal Secretary, Excise Department, Bihar, Patna and Ors.

Vishwakarma Singh Vs The State Of Bihar and Ors.

Singasan Pandit @ Sigasan Pandit Vs The State Of Bihar and Ors.

Upendra Singh Vs The State Of Bihar and Ors.

Rabindra Kumar Karn @ Ravindra Pd. Lal Vs The State Of Bihar and Ors.