Allowed

Ravi Kumar v. The State Of Bihar and Ors.

Patna HC13 Jul 2018CWJC/13140/2018

Case brief

AI extract

What is this about?

A hit-and-run petitioner sought release of a seized motorcycle during pending excise proceedings. The Court allowed the petition and directed release upon furnishing two surety bonds and providing an undertaking not to alienate the vehicle.

What did the court decide?

Release of the seized vehicle (Motorcycle BR06BL2284) subject to furnishing two surety bonds and an undertaking not to alienate the vehicle during pending proceedings.

Ravi Kumar Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13140 of 2018

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Ravi Kumar, Son of Siv Jee Prasad Gupta @ Shiv Sah, Resident of MohallaMathiya Dih Chhatauni, P.S.- Chhatauni, District- East Champaran.

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... ... Petitioner/s

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Versus

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

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The Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The Collector-cum-District Magistrate, East Champaran, Motihari.

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The Superintendent of Police, East Champaran, Motihari.

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The Superintendent of Excise, East Champaran, Motihari.

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... ... Respondent/s

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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

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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 13-07-2018

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This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR06BL2284, which has been seized in Excise Case No. 263 of 2018 due to violation of the provisions of the Excise Act.

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It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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.

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Keeping in view the aforesaid, it is directed that

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Patna High Court CWJC No.13140 of 2018(2) dt.13-07-2018 2/2

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pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, East Champaran, Motihari 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/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents.

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The vehicle in question be released within one week from the date of furnishing the surety bonds.

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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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K.C.Jha/R.S.Sen U

Ravi Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ravi Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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