Allowed

Anil Yadav v. The State Of Bihar and Ors.

Patna HC23 Jan 2018CWJC/1274/2018

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What is this about?

The Patna High Court allowed a writ petition seeking release of a vehicle seized under the Bihar Prohibition and Excise Act. The Court ordered release contingent upon furnishing a bank guarantee and providing an undertaking not to alienate the vehicle.

What did the court decide?

Directed that the seized vehicle (Hero Passion Pro) be released to the petitioner upon furnishing a bank guarantee and an undertaking not to alienate the vehicle.

Anil Yadav Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1274 of 2018

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Anil Yadav S/o Shiv Bachan Yadav, R/o Village-Ratanpura, P.S.-Maharajganj, District-Siwan.

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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, Government of Bihar, Patna.

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The District Magistrate-cum-Collector, Siwan,

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The Excise Commissioner, Bihar, Patna.

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The Superintendent of Excise Siwan.

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The Superintendent of Police, Siwan.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Respondent/s : Mr. Vikash Kumar -SC11

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and 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 This writ petition has been filed for release of a vehicle (Hero Passion Pro Motorcycle) bearing Registration No. BR28M 2751, which has been seized in connection with Nautan P.S. Case No. 100 of 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

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Patna High Court CWJC No.1274 of 2018(2) dt.23-01-2018 2/2

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finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the bank guarantee to the satisfaction of District Magistrate, Siwan within a period of one week from the date of his furnishing the bank guarantee 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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Anil Yadav v. The State Of Bihar and Ors.

Case brief

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Anil Yadav v. The State Of Bihar and Ors.

Case brief

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