Allowed

Premdhar Prasad Yadav v. The State Of Bihar and Ors.

Patna HC1 May 2018CWJC/8308/2018

Case brief

AI extract

What is this about?

The High Court directed the release of a seized Maruti Car Alto 800 bearing registration No. BR01CW/5413 to the petitioner, subject to furnishing two surety bonds and an undertaking to produce the vehicle and not alienate it, during pendency of confiscation and criminal cases under the Excise Act.

What did the court decide?

Release of seized vehicle against two surety bonds and undertaking to produce the vehicle and not alienate it pending finalization of proceedings.

Premdhar Prasad Yadav Vs The State Of… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8308 of 2018

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Premdhar Prasad Yadav, son of late Ram Pukar Ray, resident of MohallahSardar Patel Colony, Kurji, P.S.- Patliputra, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition, Government of Bihar, Patna

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The District Magistrate-cum-Collector, Patna

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The Senior Superintendent of Police, Patna

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The Superintendent of Police, Excise, Patna

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The Officer-in-Charge of Patliputra Police Station, Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Respondent/s : Mr. Kumar Manish- SC-5 ======================================================

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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 01-05-2018 This writ petition has been filed for release of a vehicle (Maruti Car Alto 800) bearing Registration No. BR01CW/5413, which has been seized in connection with Patliputra P.S. Case No. 349/2017 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 conditions and we see no reason to make a deviation in

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Patna High Court CWJC No.8308 of 2018(2) dt.01-05-2018 2/2

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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 his furnishing two surety bonds to the satisfaction of District Magistrate, Patna 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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Premdhar Prasad Yadav v. The State Of Bihar and Ors.

Case brief

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Premdhar Prasad Yadav v. The State Of Bihar and Ors.

Case brief

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