Allowed

Shantosh Sharma @ Shantosh Kumar v. The State Of Bihar and Ors.

Patna HC5 Jul 2018CWJC/11721/2018

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking release of a seized vehicle, SCOOTY CYGNUSRAY, pending excise confiscation and criminal proceedings. The petitioner was directed to furnish two surety bonds and an undertaking to the District Magistrate to secure the vehicle's release.

What did the court decide?

Directed release of the seized vehicle upon furnishing two surety bonds and an undertaking to the District Magistrate.

Shantosh Sharma @ Shantosh Kumar Vs The State Of Bihar and… — Consumer Protection | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11721 of 2018

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Shantosh Sharma @ Shantosh Kumar, Son of Nathuni Thakur, resident of Village- Bariyarpur, P.S.- Sitamarhi, District- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary Excise Department, Bihar at Patna.

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The District Magistrate Sitamarhi, District- Sitamarhi.

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The Superintendent of Police, Excise Sitamarhi, District- Sitamarhi.

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The Superintendent of Police, Sitamarhi, District- Sitamarhi.

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The Officer in- charge of Excise or Sursand Police Station, Sitamarhi, District- Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Kumar Manish-SC 5 ====================================================== 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 05-07-2018

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This writ petition has been filed for release of a vehicle ( SCOOTY (Yamaha) CYGNUSRAY (New) bearing Registration No. , which has been seized in connection with G.O. Case No. 59 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 deviation in the present case.

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Patna High Court CWJC No.11721 of 2018(2) dt.05-07-2018 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, Sitamarhi 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/R.S.Sen

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Shantosh Sharma @ Shantosh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shantosh Sharma @ Shantosh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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