Allowed

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

Patna HC25 Jun 2018CWJC/11564/2018

Case brief

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What is this about?

The court allowed the writ petition and directed the release of a seized motorcycle to the petitioner pending finalization of confiscation and criminal proceedings, subject to furnishing two surety bonds and providing an undertaking not to alienate the vehicle.

What did the court decide?

Direction to release vehicle to petitioner upon furnishing two surety bonds and undertaking not to alienate it pending proceedings.

Singasan Pandit @ Sigasan Pandit Vs The State Of… — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11564 of 2018

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Singasan Pandit @ Sigasan Pandit, Son of Late Lagan Bhagat @ Lagan Pandit, Resident of Village- Bahora Hata, Police Station- Manjhagarh, District- Gopalganj.

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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 Excise, Govt. of Bihar, Patna.

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The District Magistrate, Siwan.

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The Superintendent of Police, Siwan.

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The Officer in Charge, Siwan Town, Police Station, District- Siwan.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Respondent/s : Mr. Kumar Manish -SC5

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

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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 25-06-2018 This writ petition has been filed for release of a vehicle ( Hero Honda Splendor Plus Motor Cycle ) bearing Registration No. BR28D-5993, which has been seized in connection with Siwan Town P.S. Case No. 136 of 2018 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.11564 of 2018 (2) dt.25-06-2018

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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, Siwan 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

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

Case brief

What is this about?

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

Case brief

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What the court decided

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