Allowed

Mangal Tiwary v. The State Of Bihar and Ors.

Patna HC26 Feb 2018CWJC/3521/2018

Case brief

AI extract

What is this about?

In a writ petition seeking release of a seized vehicle pending confiscation proceedings, the Patna High Court, holding that identical cases were resolved by releasing vehicles, allowed the petition and directed release upon furnishing surety bonds and undertaking.

What did the court decide?

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

Mangal Tiwary 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.3521 of 2018

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Mangal Tiwary, son of Madan Tiwari, Resident of Village- Kopwan, P.S. Koransarai, DistrictBuxar.

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... ... Petitioner/s

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Versus

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

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The District Magistrate-cum- Collector, Aurangabad.

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The Superintendent of Police, Aurangabad.

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The Officer-in- Charge, Aurangabad (M), Police Station, District Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Respondent/s : Mr. Vivek Prasad- GP7 ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 26-02-2018

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This writ petition has been filed for release of a vehicle (Mahindra Scorpio S10) bearing Registration No. BR 44H 1000, which has been seized in connection with Aurangabad (M) P.S. Case No. 143 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release the vehicle in question pending finalization of the confiscation proceedings and criminal case.

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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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Patna High Court CWJC No.3521 of 2018 dt.26-02-2018 2/2

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Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on his furnishing two surety bonds to the satisfaction of District Magistrate, Aurangabad 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 or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceeding. The aforesaid vehicle shall be released within one week from the date of furnishing of the sureties.

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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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(Anil Kumar Upadhyay, J)

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P.K.P./-

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AFR/NAFR	N.A.F.R.
CAV DATE	N.A.
Uploading Date	26.02.2018
Transmission Date

Mangal Tiwary v. The State Of Bihar and Ors.

Case brief

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Mangal Tiwary v. The State Of Bihar and Ors.

Case brief

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