Single judge allowed the writ petition for release of a vehicle seized under the Bihar Prohibition and Excise Act, directing its release upon furnishing two sureties and undertaking to return the vehicle as directed during pendency.
Vehicle (Mahindra Tractor) to be released to petitioner upon furnishing two sureties within one week.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1217 of 2018
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Prem Chandra Yadav s/o Kapildeo Yadav R/o village Mahuari, PO + PS - Pacharukhi, District Siwan.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Chandra Kant, Advocate For the Respondent/s : Mr. Kumar Manish- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 24-01-2018 This writ petition has been filed for release of a vehicle (Mahindra Tractor 265 DI) bearing Registration No. BR 29M5007, which has been seized in connection with Mairawa P.S. Case No. 64/2017 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 and criminal case, 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.1217 of 2018(2) dt.24-01-2018 2/2
finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Siwan 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.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
Sunil/-
U
1 issue framed by the court
Whether a vehicle seized under the Bihar Prohibition and Excise Act should be released pending finalization of confiscation proceedings and criminal case.
1 provisions across 1 enactments
Prem Chandra Yadav
State of Bihar through Principal Secretary Excise Department
District Magistrate-cum-Collector, Siwan
Superintendent of Police, Siwan
Excise Superintendent Officer, Siwan
Station House Officer, PS Mairwa
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
