Allowed

Ajay Mahto v. The State Of Bihar and Ors.

Patna HC26 Jun 2018CWJC/11684/2018

Case brief

AI extract

What is this about?

The petitioner sought the release of a three-wheeler auto rickshaw seized under the Excise Act for a violation. The court, noting consistent precedent, directed the release on the petitioner furnishing two surety bonds to the District Magistrate and undertaking to produce the vehicle when directed.

What did the court decide?

Release of the seized auto rickshaw upon furnishing two surety bonds and giving an undertaking regarding its status and future production.

Ajay Mahto Vs The State Of Bihar and Ors. — Motor Accident Claims | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11684 of 2018

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Ajay Mahto, son of Late Ramchandra Mahto, resident of village- 66 Begampur, Near Jagdev Park, P.S.- Baipass, District- Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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the Collector/District Magistrate, Patna.

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The Superintendent of Police, Patna.

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The Excise Superintendent of Police, Patna.

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The Excise Inspector, Patna.

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The Officer-In-charge of Chawk, Patna City.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Anirudh Mishra, Advocate For the Respondent/s : Mr. Vivek Prasad- GP7

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

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ORAL ORDER (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 ( Three Wheeler, Auto Rickshaw ) bearing Registration No. BR01 PF-7806, which has been seized in connection with Chowk Patna City P.S. Case No. 434 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.11684 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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Ajay Mahto v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ajay Mahto v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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