Allowed

Arvind Kumar v. The State Of Bihar and Ors.

Patna HC17 May 2018CWJC/5559/2018

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What is this about?

This oral order allowed a writ petition seeking the release of a seized motorcycle. The High Court directed the vehicle's release subject to the petitioner furnishing two surety bonds and an undertaking to produce it upon direction during pending proceedings.

What did the court decide?

Vehicle bearing Registration No. BR02AB2658 to be released to petitioner upon furnishing two surety bonds and undertaking within one week.

Arvind Kumar 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.5559 of 2018

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Arvind Kumar

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.... .... Petitioner/s Versus 1.The State of Bihar through Secretary, Department of Excise, New Secretariat, Patna, Bihar.

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The Collector, Gaya.

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The S.P. Gaya.

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The S.I. cum Officer in-charge, Fatehpur P.S., District-Gaya.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand For the Respondent/s : Mr. Vivek Prasad- Gp7

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 17-05-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Registration No. BR02AB2658, which has been seized in connection with Excise Confiscation Case arising out of Fatehpur P.S. Case No. 208 of 2016 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 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 pending finalization of the confiscation/excise proceedings and/or

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Patna High Court CWJC No.5559 of 2018 (2) dt.17-05-2018

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Page 2 of 2

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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, Gaya 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

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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 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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A.K.V./-

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(Rajeev Ranjan Prasad, J)

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U T

Arvind Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Arvind Kumar v. The State Of Bihar and Ors.

Case brief

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