The High Court allowed a writ petition seeking release of a seized motorcycle. Pending finalization of confiscation or criminal proceedings, the vehicle was directed to be released upon furnishing surety bonds and an undertaking to produce it later.
Release of the seized vehicle subject to furnishing two surety bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15370 of 2018
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Vijay Kumar @ Vijay Kumar Ray, S/o Rupnarayan Ray, R/o Ward No. 1 Madhuwaha Mal, P.S.- Rajepur, Dist.- East Champaran, Motihari Registered owner of Splendor Ismart Motorcycle Registration Number BR06AM0347 bearing Engine NO. HA12EME9E00946. Chassis No. MBLHA12ACE9E01546.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Respondent/s : Mr. Vikash Kumar - SC11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 03-08-2018
This writ petition has been filed for release of a vehicle (Splendor Smart Motorcycle) bearing Registration No. BR-06AM-0347, which has been seized in connection with Rajepur P.S. Case No. 112 of 2016 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.
Patna High Court CWJC No.15370 of 2018(2) dt.03-08-2018 2/2
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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, East Champaran, Motihari 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.
The vehicle in question be released within one week from the date of furnishing the surety bonds.
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 the petitioner is entitled to the release of the seized motorcycle pending finalization of excise proceedings.
Vijay Kumar @ Vijay Kumar Ray
The State of Bihar
The District Magistrate, East Champaran
The S.P. East Champaran
The Excise Superintendent, East Champaran
The SHO, Rajepur P.S.
Hon'ble The Chief Justice
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
