Allowed

Asagar Ali v. The State Of Bihar and Ors.

Patna HC6 Jul 2018CWJC/11897/2018

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What is this about?

The High Court allowed the writ petition for release of a seized vehicle during pending confiscation and criminal proceedings. The Court directed release subject to furnishing a Bank Guarantee and an undertaking to produce the vehicle later.

What did the court decide?

Direct release of detained Mahindra Pickup-Van to petitioner on furnishing Bank Guarantee and undertaking within one week.

Asagar Ali Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11897 of 2018

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

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Asagar Ali, Son of Ataullah Rahman, Resident of Village- Chandwa, P.S.Chandwa, Distrcit- Latehar, Jharkhand

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... ... Petitioner/s

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Versus

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1.The State of Bihar through the Chief Secretary, Bihar, Patna. 2.The District Magistrate Cum-Collector, Aurangabad. 3.The Excise Superintendent, District-Aurangabad. 4.The Station House Officer-cum-Officer-Incharge, Amba, P.S.- in DistrictAurangabad.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Respondent/s : Mr. Vivek Prasad- GP 7 ====================================================== 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 06-07-2018

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This writ petition has been filed for release of a vehicle (Mahindra Pickup-Van) bearing Registration No. JH01BJ7187, which has been seized in connection with Amba P.S. Case No. 33 of 2018 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

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It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in

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Patna High Court CWJC No.11897 of 2018(2) dt.06-07-2018 2/2

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the present case.

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Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing Bank Guarantee to the satisfaction of District Magistrate, 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the Bank Guarantee.

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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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P.K.P./R.S.Sen-

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Asagar Ali v. The State Of Bihar and Ors.

Case brief

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Asagar Ali v. The State Of Bihar and Ors.

Case brief

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