In this writ petition, the High Court released a seized motorcycle to the petitioner on furnishing sureties and an undertaking, pending finalization of confiscation and criminal proceedings under the Bihar Prohibition and Excise Act.
Release of the seized motorcycle upon furnishing two sureties and providing an undertaking.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12679 of 2018
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Yogeshvar Mukhiya, Son of Shiv Baran Mukhiya @ Shivwaran Mukhiya, Resident of Village- Gonahi, P.S.- Chhauradano, District- East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 09-07-2018
This writ petition has been filed for release of a vehicle ( Motorcycle) bearing Registration No. BR 05Y2016, which has been seized in connection with Excise Case No.248 of 2018 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.
Patna High Court CWJC No.12679 of 2018(2) dt.09-07-2018 2/2
Keeping in view the aforesaid, it is directed that pending 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, East Champaran, Motihari 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)
( Rajeev Ranjan Prasad, J)
Sunil/-
U
1 issue framed by the court
Whether the petitioner is entitled to the release of seized vehicle pending finalization of confiscation and criminal proceedings.
1 provisions across 1 enactments
Yogeshvar Mukhiya
The State of Bihar through the Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
