Allowed

Mithu Kumar v. The State Of Bihar and Ors.

Patna HC1 Aug 2018CWJC/14409/2018

Case brief

AI extract

What is this about?

This is a writ petition filed for the release of a seized Apache Motorcycle. The High Court, observing consistent practice in similar cases, directed the release of the vehicle upon the petitioner furnishing a bank guarantee. The vehicle must be produced when directed, and no alienation is permitted until proceedings conclude.

What did the court decide?

Release of the seized vehicle upon furnishing a bank guarantee.

Mithu Kumar Vs The State Of Bihar and Ors. — Execution and Attachment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14409 of 2018

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Mithu Kumar Son of Jagarnath Sah resident of Village - Ruhelaganj, P.O. Lalbagh, P.S. - L.N.M.U. Darbhanga, District - Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariate, Patna.

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The District Magistrate, Madhubani.

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The Superintendent of Police, Madhubani.

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The S.H.O. Police Station, Sakari, Madhubani.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Vivek Prasad - GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 01-08-2018 This writ petition has been filed for release of a vehicle (Apache Motorcycle) bearing Registration No. BR07AD-7550, which has been seized in connection with Sakari P.S. Case No. 60 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.14409 of 2018(2) dt.01-08-2018 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 the bank guarantee to the satisfaction of District Magistrate-cum-Collector, Madhubani 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

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from the date of furnishing the bank guarantee.

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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/Uma/-

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Mithu Kumar v. The State Of Bihar and Ors.

Case brief

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Mithu Kumar v. The State Of Bihar and Ors.

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