Allowed

Vipin Sah v. The State Of Bihar and Ors.

Patna HC3 Aug 2018CWJC/15368/2018

Case brief

AI extract

What is this about?

This oral order allowed a writ petition seeking release. The court directed the release of the seized vehicle to the petitioner upon furnishing a bank guarantee to the District Magistrate and providing an undertaking not to alienate the vehicle.

What did the court decide?

Release of the seized Maruti Alto 800 VXI BSIV car to the petitioner upon furnishing a bank guarantee and undertaking.

Vipin Sah 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.15368 of 2018

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Vipin Sah, S/o Suresh Sah, R/o vill- Chakkapar, P.S.- Bachhwara, Dist.Begusarai, the Owner of Maruti Alto 800 VXI BSIV Car Bearing Registration NO. BR 07W, 3330, Engine Chassis No. 5614501-847879.

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.... .... Petitioner/s Versus

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

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The D.M. Samastipur.

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The S.S.P. Samastipur.

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The Excise Superintendent, Samastipur.

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The S.H.O. Dalsinghsarai P.S.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Respondent/s : Mr. Kumar Manish- SC5

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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This writ petition has been filed for release of a vehicle (Maruti Alto 800Vxi BSIV) bearing Registration No. BR07W, 3330, which has been seized in connection with Dalsingh Sarai P.S. Case No. 056 of 2018 due to violation of the provisions of the Excise Act.

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2 03-08-2018

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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

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Patna High Court CWJC No.15368 of 2018 (2) dt.03-08-2018

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2/2

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deviation in the present case.

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Keeping in view the aforesaid, it is directed that 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 to the satisfaction of District Magistrate-cum-Collector, Samastipur 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.

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The vehicle in question be released within one week from the date of furnishing the bank guarantee. Valuation of the vehicle shall be done on the basis of valuation in the insurance documents.

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With the aforesaid, the writ petition stands allowed

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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/- N.H.

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Vipin Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

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Vipin Sah v. The State Of Bihar and Ors.

Case brief

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