Petitioner filed writ petition for release of seized vehicle. Court permitted release by banking bank guarantee and local surety pending proceedings.
Vehicle released on furnishing bank guarantee and two local sureties pending confiscation proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14742 of 2018
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Vishnu Kant Singh, Son of Vijay Singh, Resident of Village- Sonvarsha, Post Office- Badaki Kharai, Police Station- Kargahar, District- Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. Anil Kumar Sinha – GA 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 01-08-2018 This writ petition has been filed for release of a vehicle (Pickup Van) bearing Registration No. UP-65BT-1876, which has been seized in connection with Sasaram (Model) P.s. Case No. 864 of 2017 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.
Keeping in view the aforesaid, it is directed that
Patna High Court CWJC No.14742 of 2018(2) dt.01-08-2018 2/2
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 and two local sureties to the satisfaction of District Magistratecum-Collector, Rohtas at Sasaram 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 the bank guarantee.
Valuation of the vehicle shall be assessed as per the valuation of the vehicle shown in the insurance papers.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
K.C.Jha/Uma/-
U
1 issue framed by the court
Whether motorcycle should be released pending finalization of seizure summary and incidental criminal proceedings?
1 provisions across 1 enactments
Vishnu Kant Singh
The State of Bihar
Honourable The Chief Justice
Mr. Justice Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
