Allowed

Saurav Poddar v. The State Of Bihar and Ors.

Patna HC5 Jul 2018CWJC/12657/2018

Case brief

AI extract

What is this about?

This oral order disposed of a writ petition seeking release of a seized motorcycle pending confiscation proceedings. The Court allowed the petition, directing release upon furnishing two surety bonds and an undertaking not to alienate the vehicle.

What did the court decide?

The seized vehicle was directed to be released to the petitioner within one week upon furnishing two surety bonds and an undertaking not to alienate the vehicle.

Saurav Poddar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12657 of 2018

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Saurav Poddar, S/o Subol Poddar, R/O Behlaganj, P.s. Balia Belon, DisttKatihar

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... ... Petitioner/s

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Versus

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1.The State of Bihar through the Principal Secretary, Excise Department, Patna, Bihar 2.The District Magistrate, Katihar 3.The Superintendent of Police, Katihar

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4.The S.H.O. Blarampur Police Station, Katihar

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad – GP 7

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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 05-07-2018

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This writ petition has been filed for release of a vehicle (Apache Motorcycle) bearing Registration No. BR-39V1558, which has been seized in connection with Balrampur P.S. Case No. 81 of 2017 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

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Patna High Court CWJC No.12657 of 2018(2) dt.05-07-2018 2/2

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the present case.

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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, Katihar 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./R.S.Sen-

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Saurav Poddar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Saurav Poddar v. The State Of Bihar and Ors.

Case brief

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