Allowed

Mukund Choudhary v. The State Of Bihar and Ors.

Patna HC16 May 2018CWJC/6502/2018

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What is this about?

This court allowed a writ petition seeking release of a seized vehicle. It directed the release of the vehicle on the petitioner furnishing a bank guarantee and undertaking to produce the vehicle as directed without creating third-party rights.

What did the court decide?

The seized Bolero Pick Up Van be released to the petitioner upon furnishing a bank guarantee and undertaking to produce the vehicle as directed.

Mukund Choudhary Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6502 of 2018

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Mukund Choudhary Son of Sri Chandrika Choudhary resident of village - Akil Tola, P.S. - Maharajganj, Distt - Siwan.

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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, Bihar, Patna.

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The Collector-cum-District Magistrate, Siwan.

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Officer-in-Charge of Maharajganj Police Station, District - Siwan.

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In-Charge Officer, District Legal Cell, Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mithilesh Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar- Sc11 ====================================================== 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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3 16-05-2018 This writ petition has been filed for release of a vehicle (Bolero Pick Up Van) bearing Registration No. BR29GA-0534, which has been seized in connection with Maharajganj P.S. Case No. 154 of 2017 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

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Patna High Court CWJC No.6502 of 2018(3) dt.16-05-2018 2/2

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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, Siwan 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.

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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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K.C.Jha/-

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Mukund Choudhary v. The State Of Bihar and Ors.

Case brief

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Mukund Choudhary v. The State Of Bihar and Ors.

Case brief

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