Allowed

Firoj Alam v. The State Of Bihar and Ors.

Patna HC11 Jul 2018CWJC/13129/2018

Case brief

AI extract

What is this about?

Hon'ble the Chief Justice allowed the writ petition seeking release of a seized vehicle in Bihar Prohibition and Excise Act case. The Court directed release upon furnishing of bank guarantee and undertaking to produce the vehicle as directed.

What did the court decide?

Vehicle released to petitioner subject to bank guarantee, undertaking to produce vehicle, and non-alienation during proceedings.

Firoj Alam Vs The State Of Bihar and Ors. — Motor Accident Claims | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13129 of 2018

¶2

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

¶3

Firoj Alam, son of Serajul Miyan @ Sherajul Miyan, resident of VillageSirsa, P.S.- Baikunthpur, District- Gopalganj.

¶4

... ... Petitioner

¶5

Versus

¶6

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

¶7

The District Magistrate-cum- Collector, Gopalganj.

¶8

The Assistant Excise Commissioner, Gopalganj.

¶9

The Superintendent of Excise, Gopalganj.

¶10

The Superintendent of Police, Gopalganj.

¶11

The Vehicle Inspector, Gopalganj.

¶12

... ... Respondent/s

¶13

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

¶14

Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Respondent/s : Mr. Vivek Prasad- GP-7

¶15

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶16

(Per: HONOURABLE THE CHIEF JUSTICE)

¶17

2 11-07-2018 This writ petition has been filed for release of a vehicle (MAM Pickup Four Wheeler) bearing Registration No. BR-29GA-4217 which has been seized in connection with Baikunthpur P.S. Case No. 105 of 2018 due to violation of the Bihar Prohibition and Excise Act, 2016.

¶18

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.

¶19

Keeping in view the aforesaid, it is directed that

¶20

Patna High Court CWJC No.13129 of 2018(2) dt.11-07-2018 2/2

¶21

pending 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, Gopalganj 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.

¶22

The valuation of the vehicle in question shall be done as per the valuation shown in the insurance document.

¶23

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

¶24

(Rajendra Menon, CJ)

¶25

( Rajeev Ranjan Prasad, J)

¶26

Sunil/-

¶27

Firoj Alam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Firoj Alam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shivkant Kumar Vs The Union Of India and Ors.

Rajeshwar Prasad Vs The State Of Bihar and Ors.

Indushekhar Vs The State Of Bihar and Ors.

M/s. Durga Bricks Vs The State Of Bihar and Ors.

M/s. Durga Bricks Vs The State Of Bihar and Ors.

Ramu Mahto Vs The State Of Bihar and Ors.