Allowed

Ram Chandra Yadav v. The State Of Bihar and Ors.

Patna HC23 Jan 2018CWJC/1265/2018

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What is this about?

This court allowed a writ petition seeking release of a seized motorcycle. Directing release pending finalization of confiscation and criminal proceedings, the court ordered the petitioner to furnish two sureties and provide an undertaking to produce the vehicle and avoid alienation.

What did the court decide?

Vehicle released on furnishing two sureties to the satisfaction of District Magistrate, Siwan within one week, and undertaking to produce the vehicle and not alienate it.

Ram Chandra Yadav Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1265 of 2018

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Ram Chandra Yadav, Son of Ram Badai Yadav, Resident of VillageJaitpura, P.O.- Sohanpur, District- Deoria.

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Siwan.

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The Station House Officer, Mairwa Police Station District Siwan.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Respondent/s : Mr. Kumar Manish- SC 5

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 23-01-2018

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This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. UP 52 AQ 5718, which has been seized in connection with Mairwa P. S. Case No. 321/2017 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 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.

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Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case,

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Patna High Court CWJC No.1265 of 2018(2) dt.23-01-2018 2/2

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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.

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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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( Anil Kumar Upadhyay, J)

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Sunil/-

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Ram Chandra Yadav v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ram Chandra Yadav v. The State Of Bihar and Ors.

Case brief

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