Writ petition allowed directing release of seized motorcycle pending excise/confiscation/criminal proceedings upon furnishing Bank Guarantee to District Magistrate and undertaking to produce the vehicle.
Directed release of motorcycle pending proceedings on furnishing Bank Guarantee and undertaking to produce the vehicle later.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13660 of 2018
======================================================
Vinod Paswan, Son of Jageshwar Paswan, resident of Village- Balua, P.S.Palasi, District- Araria.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s : Mr. Kumar Manish -SC5
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
2 18-07-2018 This writ petition has been filed for release of a vehicle ( Motorcycle ) bearing Registration No. BR 38 H 2253, which has been seized in connection with Tedhagachh P.S. Case No. 56 of 2018 due to violation of the provisions of the Excise Act.
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.
Patna High Court CWJC No.13660 of 2018 (2) dt.18-07-2018
2/2
Keeping in view the aforesaid, it is directed that 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 Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Kishanganj 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.
The vehicle in question be released within one week from the date of furnishing Bank Guarantee.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
(Rajeev Ranjan Prasad, J)
K.C.jha/-
U
Vinod Paswan
The State of Bihar
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
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