Allowed

Kishor Patel @ Kishore Kumar v. The State Of Bihar and Ors.

Patna HC13 Jul 2018CWJC/13364/2018

Case brief

AI extract

What is this about?

The High Court, in a writ petition challenging the seizure of a vehicle for Excise Act violation, directed the authorities to release the vehicle to the petitioner upon furnishing two surety bonds and undertaking to produce it when called, pending final proceedings.

What did the court decide?

Release of the seized vehicle on furnishing two surety bonds and undertaking to produce it as directed and not alienate it.

Kishor Patel @ Kishore Kumar Vs The… — Constitutional and Fundamental Rights | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13364 of 2018

¶2

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

¶3

Kishor Patel @ Kishore Kumar, S/o Late Manju Patel, Resident of MohallaPankha Toli, P.S.- Kazimohammadpur, District- Muzaffarpur.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna.

¶7

The Principal Secretary, Department of Excise, Bihar, Patna.

¶8

The District Collector, Muzaffarpur, District Muzaffarpur.

¶9

The Superintendent of Police, Muzaffarpur, District- Muzaffarpur.

¶10

The S.H.O, Muzaffarpur Town (Nagar), P.S. Muzaffarpur, DistrictMuzaffarpur.

¶11

... ... Respondent/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr. Nitu Kumari Advocate For the Respondent/s : Mr. Anil Kr. Sinha- GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶13

(Per: HONOURABLE THE CHIEF JUSTICE)

¶14

2 13-07-2018 This writ petition has been filed for release of a vehicle (Apache RTR TVS Motorcycle) bearing Registration No. BR-06BJ-1539, which has been seized in connection with Muzaffarpur Town (Nagar) P.S. Case No. 955 of 2017 due to violation of the provisions of the Excise Act.

¶15

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.

¶16

Keeping in view the aforesaid, it is directed that

¶17

Patna High Court CWJC No.13364 of 2018(2) dt.13-07-2018 2/2

¶18

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, Muzaffarpur 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.

¶19

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

¶20

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

¶21

(Rajendra Menon, CJ)

¶22

(Rajeev Ranjan Prasad, J)

¶23

K.C.Jha/R.S.Sen

¶24

Kishor Patel @ Kishore Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kishor Patel @ Kishore Kumar 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

Durga Paswan Vs The State Of Bihar and Ors.

Kurban Miya Vs The State Of Bihar and Ors.

Based On The News Item Uploaded On The Website Of News App Bar And Bench Vs The State Of Bihar and Ors.

Md. Izhar Alam Alias Izhar Modi Vs The State Of Bihar and Ors.

Ravi Kumar Vs The State Of Bihar and Ors.

Arjun Engicon Private Limited Vs The State Of Bihar and Anr.