Oral order allowing a writ petition for the release of a seized motorcycle pending finalization of confiscation and criminal proceedings under the Excise Act, subject to furnishing surety bonds and undertaking.
Direction to release the seized Bajaj Pulsar motorcycle within one week upon furnishing two surety bonds and undertaking.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11699 of 2018
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Lakhan Paswan S/o Bhola Ram Resident of Village- Bansa, Karwandia, P.S. Sasaram, District- Rohtas(Bihar).
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mrs. Leelawati Kumari, Advocate For the Respondent/s : Mr. Vikash Kumar -SC11
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
2 27-06-2018 This writ petition has been filed for release of a vehicle ( Bajaj Pulsar Motorcycle ) bearing Registration No. BR24H3880, which has been seized in connection with Nabinagar P.S. Case No. 94 of 2016 due to violation of the provisions of the Excise Act.
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.
Patna High Court CWJC No.11699 of 2018 (2) dt.27-06-2018
2/2
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, Aurangabad 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.
The vehicle in question be released within one week from the date of furnishing the surety bonds.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
K.C.jha/- N.H. U
Lakhan Paswan
The State of Bihar
The District Magistrate, Aurangabad
The Superintendent of Police, Aurangabad
The Officer-in-Charge, Nabinagar Police Station
The Chief Justice
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
