Allowed

Guddi Kumari v. The State Of Bihar and Ors.

Patna HC16 Jan 2018CWJC/778/2018

Case brief

AI extract

What is this about?

This is an oral order allowing a writ petition for the release of a vehicle seized under the Excise Act. The Court directed the release of the vehicle upon furnishing two surety bonds and an undertaking to the District Magistrate, pending finalization of confiscation and criminal proceedings.

What did the court decide?

Vehicle released pending finalization of proceedings upon furnishing two surety bonds and undertaking.

Guddi Kumari 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.778 of 2018

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Guddi Kumari, D/o Hira Baitha, R/o Village- Kala Matihaniya, Bishambharpur, P.S. Kuchaikote, District-Gopalganj.

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.... .... Petitioner

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Versus

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The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

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The District Magistrate, Siwan.

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The Superintendent of Excise Department, Siwan.

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The Officer-in-Charge, Guthni Police Station Siwan.

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.... .... Respondents

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Respondent/s : Mr. Vivek Prasad-GP7

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 16-01-2018 This writ petition has been filed for release of a vehicle (Motorcycle) bearing Chasis No.MBLHAR 238HOG54024 and Engine No.HA11ENHOG27383, which has been seized in connection with Guthni P.s. case No.241 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

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Patna High Court CWJC No.778 of 2018 (2) dt.16-01-2018

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2/2

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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 aforesaid confiscation proceedings and 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-cum-Collector, Siwan and further undertaking to produce the vehicle as and when directed by the District Magistrate-cum-Collector, Siwan 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.

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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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(Anil Kumar Upadhyay, J)

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K.C.jha/-

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Guddi Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Guddi Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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