Allowed

Sashi Kumar Yadav v. The State Of Bihar and Ors.

Patna HC2 Aug 2018CWJC/14711/2018

Case brief

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What is this about?

In a writ petition seeking release of a seized motorcycle under Bihar Prohibition and Excise Act, the court allowed the petition directing release pending confiscation proceedings upon furnishing two sureties, undertaking to produce the vehicle as directed, and valuation per insurance document.

What did the court decide?

Release of the seized vehicle on furnishing two sureties to the satisfaction of the District Magistrate within one week and providing an undertaking.

Sashi Kumar Yadav Vs The State Of Bihar and Ors. — Patna HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14711 of 2018

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Sashi Kumar Yadav, S/o Rameshwar Ray Resident of Village - Chaurghatta Tola Bakhari, P.S. - Motipur, District - Muzaffarpur.

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... ... Petitioner/s

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Versus

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

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The Director General of Police, Bihar, Patna.

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The Collector Cum District Magistrate, Muzaffarpur.

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The Superintendent of Police Muzaffarpur.

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The S.H.O. Baruraj P.S. & District - Muzaffarpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Respondent/s : Mr. Kumar Manish - SC-5 ====================================================== 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 02-08-2018

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This writ petition has been filed for release of a vehicle (Bajaj Motorcycle) bearing Registration No. BR 06BH8346., which has been seized in connection with Muzaffarpur Baruraj P.S. Case No. 84 of 2018 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, 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 pending

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Patna High Court CWJC No.14711 of 2018(2) dt.02-08-2018 2/2

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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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The valuation of the vehicle in question shall be done as per the valuation shown in the insurance document.

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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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Sunil/-s.shukla

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Sashi Kumar Yadav v. The State Of Bihar and Ors.

Case brief

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Sashi Kumar Yadav v. The State Of Bihar and Ors.

Case brief

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