Allowed

Nitin Kumar v. The State Of Bihar and Ors.

Patna HC12 Jul 2018CWJC/13075/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking release of a seized Scorpio Jeep (MP-19CA-16665) involved in prohibition cases. The Court directed release upon furnishing two sureties and undertaking to produce the vehicle if required, citing previous similar orders.

What did the court decide?

Release of seized Scorpio Jeep to petitioner on furnishing two sureties and undertaking not to alienate the vehicle.

Nitin Kumar 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.13075 of 2018

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Nitin Kumar, son of Nagendra Kumar Singh, resident of village Pastan, P.S. Pastan, district Madhubani ... Petitioner

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Versus 1. The State Of Bihar through the Principal Secretary, Excise Department, Bihar, Patna

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The District Magistrate, Nawadah

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The Superintendent of Police, Nawadah

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The Station House Officer, Rajauli Police Station, district Nawadah

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... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Shivendra Kumar Sinha, Adv. For the Respondents : Mr. Anil Kumar Sinha – GA 1 ====================================================== 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 12-07-2018

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This writ petition has been filed for release of Scorpio Jeep, bearing registration no. MP-19CA-1665, which has been seized in connection with Rajauli P.S. Case No. 309 of 2016 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, vehicles have been directed to be released by this Court on various conditions and we seen 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

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Patna High Court CWJC No.13075 of 2018(2) dt.12-07-2018 2/2

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criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, Nawadah, 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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The valuation of the vehicle shall be done as per the valuation shown in the insurance papers.

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With the aforesaid, the writ petition stands allowed and disposed off .

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(Rajendra Menon, CJ)

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( Rajeev Ranjan Prasad, J)

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Shamshad/-

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Nitin Kumar v. The State Of Bihar and Ors.

Case brief

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Nitin Kumar v. The State Of Bihar and Ors.

Case brief

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