Allowed

Upendra Kumar v. The State Of Bihar and Ors.

Patna HC1 May 2018CWJC/8048/2018

Case brief

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What is this about?

The High Court allowed the writ petition and directed the release of a seized motorcycle to the petitioner pending finalization of confiscation or criminal proceedings. The order subjects the release to the furnishing of two surety bonds and an undertaking not to alienate the vehicle.

What did the court decide?

Directed release of seized motorcycle on furnishing two surety bonds and undertaking not to alienate the vehicle.

Upendra 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.8048 of 2018

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Upendra Kumar, Son of Surendra Kumar, R/o Village- Raghu Tola Dhanupra Ara, P.O.+P.S.- Town Bhojpur, District- Bhojpur.

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Patna.

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The Superintendent of Excise Department, Bhojpur.

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That Officer in Charge, Town, Police Station, Bhojpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Hari Mohan Tripathi, Advocate For the Respondent/s : Mr. Vikash Kumar- SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 01-05-2018 This writ petition has been filed for release of a vehicle (Passion Pro Motorcycle) bearing Registration No. BR03S9389, which has been seized in connection with Bhojpur Town P.S. Case No. 598 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

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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.8048 of 2018(2) dt.01-05-2018 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 two surety bonds to the satisfaction of District Magistrate-cum-Collector, Bhojpur 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 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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( Rajeev Ranjan Prasad, J)

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K.C.Jha/-

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Upendra Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Upendra Kumar v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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