Allowed

Madan Paswan v. The State Of Bihar and Ors.

Patna HC1 Aug 2018CWJC/14854/2018

Case brief

AI extract

What is this about?

This writ petition sought release of a seized motorcycle linked to excise violations. The court directed release upon furnishing two surety bonds and an undertaking to produce the vehicle, following the valuation in insurance documents.

What did the court decide?

Vehicle released on furnishing two surety bonds to the District Magistrate, undertaking to produce vehicle as directed, and non-alienation during proceedings.

Madan Paswan Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14854 of 2018

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Madan Paswan, Son of Sri Narayan Ram, Resident of Village- Bhaluni, P.O.Ghordiha, P.S.- Kargahar, District- Rohtas (Bihar).

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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, Govt. of Bihar, Patna.

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The Collector-cum-District Magistrate, Kaimur, District- Kaimur.

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The Superintendent of Police, Kaimur, District- Kaimur.

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The Excise Officer, Kaimur, District- Kaimur.

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The S.H.O. Kudra P.S., District- Kaimur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Ramanuj Tiwary, Advocate For the Respondent/s : Mr. Kumar Manish – SC 5

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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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 (Hero Passion Pro Motorcycle) bearing Registration No. BR-24Q-8616, which has been seized in connection with Kudra P.S. Case No. 51 of 2017 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

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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.14854 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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, Kaimur 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 surety bonds.

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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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Madan Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

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Madan Paswan v. The State Of Bihar and Ors.

Case brief

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