Allowed

Bindu Kumari v. The State Of Bihar and Ors.

Patna HC2 Aug 2018CWJC/15245/2018

Case brief

AI extract

What is this about?

The Court released a Passion Pro motorcycle seized under the Bihar Prohibition and Excise Act to the petitioner. She must furnish two sureties and provide an undertaking to produce the vehicle as directed without alienating it during the pendency of proceedings, with valuation based on the insurance document.

What did the court decide?

The seized vehicle shall be released to the petitioner upon furnishing two sureties and providing an undertaking not to alienate it.

Bindu Kumari 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.15245 of 2018

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Bindu Kumari, D/o Arjun Mistri, resident of Village Tilori, P.S. Guraru, District Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Registration Excise and Prohibition Department of Excise, Bihar, Patna

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The District Magistrate, Gaya.

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The Superintendent of Police, Gaya.

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The S.H.O. of Kothi, P.S. Gaya.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar- SC-11 ======================================================

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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 (Passion Pro Motorcycle) bearing Registration No. BR 02 AH 4217, which has been seized in connection with Kothi P.S. Case No. 43 of 2017 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 finalization of the confiscation proceedings and criminal case,

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Patna High Court CWJC No.15245 of 2018(2) dt.02-08-2018 2/2

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the aforesaid vehicle in question shall be released to the petitioner on her furnishing two sureties to the satisfaction of District Magistrate, Gaya within a period of one week from the date of her 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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Bindu Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Bindu Kumari v. The State Of Bihar and Ors.

Case brief

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