Allowed

Sudha Kumari v. The State Of Bihar and Ors.

Patna HC9 Jul 2018CWJC/11914/2018

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What is this about?

The Patna High Court issued an oral order allowing the petitioner's writ petition, directing the release of a seized motorcycle upon furnishing two sureties and an undertaking during pending confiscation and criminal proceedings under the Bihar Prohibition and Excise Act, 2016.

What did the court decide?

Direction to release the seized vehicle after furnishing two sureties and an undertaking to produce and not alienate the vehicle.

Sudha Kumari Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11914 of 2018

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Sudha Kumari, D/o Late Ramchandar Urawan @ Chandar Uranv, resident of Village - Rampur Tola Tarasi, P.S. Murliganj, Madhepura, Distt - Madhepura.

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The Collector, Supaul.

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The Superintendent of Police, Supaul.

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The S.H.O. Pratapganj P.S., District - Madhepura.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Respondent/s : Mr. Anil Kr. Sinha- GA1 ====================================================== 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 09-07-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR 11AC 0298, which has been seized in connection with Pratapganj P.S. Case No. 124 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

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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 the present case.

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Keeping in view the aforesaid, it is directed that pending

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Patna High Court CWJC No.11914 of 2018(2) dt.09-07-2018 2/2

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finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Supaul within a period of one week from the date of her furnishing the sureties 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 proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

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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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Sunil/-

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Sudha Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Sudha Kumari v. The State Of Bihar and Ors.

Case brief

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