This writ petition was allowed for the release of a seized Tempo vehicle pending finalization of confiscation proceedings. The petitioner was directed to furnish a Bank Guarantee and an undertaking before obtaining release within one week.
Vehicle to be released to the petitioner upon furnishing Bank Guarantee and undertaking within one week.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.721 of 2018
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Shatrughan Ram, son of Ramchandra Ram, R/o Riga Tole, Shri Rampur, P.S.Riga, District- Sitamarhi.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Respondent/s : Mr. KUMAR MANISH- SC5
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
This writ petition has been filed for release of a vehicle (Tempo) bearing Registration No.BR55-722, which has been seized in connection with Riga P.S. Case No.62 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.
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
Patna High Court CWJC No.721 of 2018(2) dt.16-01-2018 2/2
various conditions and we see no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that pending finalization of the aforesaid confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing Bank Guarantee to the satisfaction of District Magistrate-cum-Collector, Sitamarhi and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Sitamarhi and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings.
The vehicle in question be released within one week from the date of furnishing the Bank Guarantee.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
U
Shatrughan Ram
State of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
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