Allowed

Shiv Poojan Yadav v. The State Of Bihar and Ors.

Patna HC2 Aug 2018CWJC/14824/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed the writ petition seeking release of a motorcycle seized under the Bihar Prohibition and Excise Act, directing its release against furnishing two sureties, valuation per insurance, and an undertaking not to alienate the vehicle during proceedings.

What did the court decide?

Release of the seized motorcycle subject to furnishing two sureties, valuation per insurance documents, and undertaking not to alienate the vehicle during proceedings.

Shiv Poojan Yadav Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14824 of 2018

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Shiv Poojan Yadav, son of Jugul Yadav, resident of Village- Salaha, P.S.Chautarwa, District- West Champaran.

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... ... Petitioner/s

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Versus

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

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The Principal Secretary, Department of Excise, Government of Bihar, Patna.

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The District Magistrate, West Champaran, Bihar.

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The Superintendent of Police, West Champaran, Bihar.

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The District Transport Officer, West Champaran, Bihar.

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The Officer-in- Charge, Chautarwa Police Station, District- West Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Respondent/s : Mr. Anil Kr. Sinha- GA-1 ======================================================

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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 (Super Splender Hero Motorcycle) bearing Registration No. BR 22AD4287, which has been seized in connection with Chautarwa P.S. Case No. 115 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.14824 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, West Champaran, Bihar 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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Shiv Poojan Yadav v. The State Of Bihar and Ors.

Case brief

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Shiv Poojan Yadav v. The State Of Bihar and Ors.

Case brief

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