Allowed

Rahul Kumar @ Rahul Kumar Mehta v. The State Of Bihar and Ors.

Patna HC23 Jan 2018CWJC/1350/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition requesting the release of a seized motorcycle. The court directed the release of the vehicle upon furnishing two sureties and an undertaking to produce it as directed, pending confiscation and criminal proceedings.

What did the court decide?

Release of the seized vehicle subject to furnishing two sureties and giving an undertaking to produce it as directed.

Rahul Kumar @ Rahul Kumar Mehta Vs The… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1350 of 2018

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

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Rahul Kumar @ Rahul Kumar Mehta, S/o Raghuvendra Prasad Mehta, R/o Vill. + P.O. Malinagar, P.S. Chakmaisi, District-Samastipur.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Excise Commissioner, Government of Bihar, Patna.

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The District Magistrate, Muzaffarpur.

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The Superintendent of Police, Muzaffarpur.

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The Excise Superintendent, Muzaffarpur.

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The Station House Officer, P.S. Kathaiya, District-Muzaffarpur.

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The Investigating Officer, Kathaiya, P.S. case No.134/17, DistrictMuzaffarpur.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Anish Kumar For the Respondent/s : Mr. Vikash Kumar -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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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 (Glamour Motorcycle) bearing Registration No. BR 06X 7755, which has been seized in connection with Kathaiya P.S. Case No. 134 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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Patna High Court CWJC No.1350 of 2018(2) dt.23-01-2018 2/2

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Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Muzaffarpur 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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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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Rahul Kumar @ Rahul Kumar Mehta v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Rahul Kumar @ Rahul Kumar Mehta v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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