Writ petition filed for release of a seized Indica vehicle involved in prohibition violation. Court directed release upon furnishing bank guarantee and giving an undertaking.
Release of seized Indica car upon furnishing bank guarantee and undertaking not to alienate the vehicle.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11999 of 2018
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Kundan Kumar Sharma, son of Nand Kishore Mistry, Resident of Bara Tola Bazar, P.S. Guraru, District Gaya.
... ... Petitioner
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar - SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 04-07-2018
This writ petition has been filed for release of a vehicle (Indica Car) bearing Registration No. WB 06- 4808, which has been seized in connection with Barachatti P.S. Case No. 378 of 2016 due to violation of the Bihar Prohibition and Excise Act, 2016.
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.
Keeping in view the aforesaid, it is directed that pending
Patna High Court CWJC No.11999 of 2018(2) dt.04-07-2018 2/2
finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Gaya within a period of one week from the date of his furnishing the bank guarantee 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.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
Sunil/-
U
1 provisions across 1 enactments
Kundan Kumar Sharma
The State Of Bihar
The District Magistrate, Gaya
The Superintendent of Excise, Gaya
The S.H.O. of Barachatti, Gaya
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
