Allowed

Imtiyaj Khan v. The State Of Bihar and Ors.

Patna HC29 Jan 2018CWJC/1387/2018

Case brief

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What is this about?

This oral order allowed a writ petition seeking release of a motorcycle seized for violation of the Bihar Prohibition and Excise Act. The Court directed release on furnishing sureties and an undertaking to produce the vehicle upon direction.

What did the court decide?

Directed release of seized motorcycle on furnishing two sureties and undertaking to produce the vehicle upon direction during pendency of proceedings.

Imtiyaj Khan Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1387 of 2018

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Imtiyaj Khan Son of Sri Navirasul Khan, Resident of Village-Sicoi, PostSicoi, P.S.-Chandauli, District-Chandauli (U.P.)

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.... .... Petitioner/s

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Versus

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The State of Bihar through Secretary of the Excise Department, Bihar at Patna.

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The Collector Cum District Magistrate, Kaimur at Bhabua.

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The Superintendent of Police, Kaimur at Bhabua.

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The Officer In-Charge of Police Station. Chand, District-Kaimur at Bhabua.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Rajani Kant Pandey, Adv. For the Respondent/s : Mr. Anil Kumar Sinha -Ga1

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 29-01-2018 This writ petition has been filed for release of motorcycle bearing registration no. UP-67M-9024 which has been seized in connection with Chand P.S. Case No. 265 of 2017 due to violation of 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 cases, 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.1387 of 2018 (2) dt.29-01-2018

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2/2

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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 the District Magistrate-cum-Collector, Kaimur at Bhabhua, 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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SA/-

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Imtiyaj Khan v. The State Of Bihar and Ors.

Case brief

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Imtiyaj Khan v. The State Of Bihar and Ors.

Case brief

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