Allowed

Rakesh Kumar v. The State Of Bihar and Ors.

Patna HC28 Jun 2018CWJC/11943/2018

Case brief

AI extract

What is this about?

The High Court at Patna allowed the writ petition seeking release of a vehicle seized for violation of the Bihar Prohibition and Excise Act. The vehicle is directed to be released on furnishing two sureties and producing an undertaking not to alienate it.

What did the court decide?

Release of the seized vehicle on furnishing two sureties and an undertaking not to alienate the vehicle during pendency of proceedings.

Rakesh Kumar Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11943 of 2018

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

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Rakesh Kumar, son of Deonandan Singh, resident of Village Manika, P.S. Madanpur, District Aurangabad.

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Aurangabad.

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The Superintendent of Police, Aurangabad.

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The Officer Incharge, Madanpur P.S. District Aurangabad.

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... ... Respondent/s

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

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For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Respondent/s : Mr. Anil Kumar Sinha - GA-1 ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 28-06-2018

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This writ petition has been filed for release of a vehicle (Hero Honda Super Splender Plus) bearing Registration No. BR-265-6304 which has been seized in connection with Madanpur P.S. Case No. 110/2018 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.11943 of 2018(2) dt.28-06-2018 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, Aurangabad within a period of one week from the date of his 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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Rakesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Rakesh Kumar v. The State Of Bihar and Ors.

Case brief

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