Allowed

Raj Kumar @ Raj Kumar Saw v. The State Of Bihar and Ors.

Patna HC6 Jul 2018CWJC/12378/2018

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What is this about?

In this writ petition, the petitioner sought release of a seized motorcycle. The High Court of Patna allowed the petition, directing release of the vehicle upon furnishing of two surety bonds and an undertaking to produce the vehicle later.

What did the court decide?

Release of vehicle BR 02 AL-1310 within one week upon furnishing two surety bonds to the District Magistrate and providing an undertaking not to alienate the vehicle.

Raj Kumar @ Raj Kumar Saw Vs The State… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12378 of 2018

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Raj Kumar @ Raj Kumar Saw, S/o- Ram Vilash Saw, resident of VillageMalpa, P.S. Guraru, District- Gaya

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Gaya

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The Superintendent of Excise, Gaya

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The S.H.O. of Barachatti P.S. Gaya

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... ... Respondent/s

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

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For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Respondent/s : Mr. Kumar Manish- SC-5 ====================================================== 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 (Motorcycle) bearing Registration No. BR 02 AL-1310, which has been seized in connection with Guraru P.S. Case No. 41/2018 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 the present case.

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Patna High Court CWJC No.12378 of 2018(2) dt.06-07-2018 2/2

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Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Gaya 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 sureties.

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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./-

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Raj Kumar @ Raj Kumar Saw v. The State Of Bihar and Ors.

Case brief

What is this about?

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Raj Kumar @ Raj Kumar Saw v. The State Of Bihar and Ors.

Case brief

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