Allowed

Mrs. Ranita Kumari v. The State Of Bihar and Ors.

Patna HC2 May 2018CWJC/7950/2018

Case brief

AI extract

What is this about?

This order allows a writ petition filed for release of a seized motorcycle. The High Court directed release of the vehicle pending confiscation proceedings and criminal case upon furnishing of two surety bonds and undertaking not to alienate the vehicle.

What did the court decide?

Directed that the seized vehicle be released to the petitioner within one week on furnishing two surety bonds to the satisfaction of the District Magistrate and undertaking not to alienate the vehicle

Mrs. Ranita Kumari 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.7950 of 2018

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Mrs. Ranita Kumari, Daughter of Sri Badri Ram, Resident of VillageBhedachaur, P.O.- Pharsahani, Block- Bagha-2, P.S.- Bagaha, District- West Champaran.

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... ... Petitioner/s

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Versus

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

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The Principal Secretary, Department of Excise, Government of Bihar, Patna.

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The District Magistrate, West Champaran, Bihar.

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The Superintendent of Police, West Champaran, Bihar.

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The District Transport Officer, West Champaran, Bihar.

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The Officer-in-charge, Bagha Police Station, District- West Champaran.

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... ... Respondent/s

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

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For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Respondent/s : Mr. Vivek Prasad -GP-7 ======================================================

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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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2 02-05-2018 This writ petition has been filed for release of a vehicle (Hero HF DLX Deluxe motorcycle) bearing Chassis No. MBLHAR239H9L13101, Engine No. HA11ENH9J26157, which has been seized in connection with Bagaha P.S. Case No. 640/2017 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

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Patna High Court CWJC No.7950 of 2018(2) dt.02-05-2018 2/2

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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 proceedings and aforesaid criminal case, the aforesaid vehicle in question shall be released to the petitioner, on her furnishing two surety bonds to the satisfaction of District Magistrate, West Champaran, Bihar 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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(Rajeev Ranjan Prasad, J)

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P.K.P./-

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Mrs. Ranita Kumari v. The State Of Bihar and Ors.

Case brief

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Mrs. Ranita Kumari v. The State Of Bihar and Ors.

Case brief

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