Allowed

Tuntun Singh @ Ravish Kumar v. The State Of Bihar and Ors.

Patna HC1 May 2018CWJC/8378/2018

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What is this about?

Writ petition filed for release of seized vehicle involved in Excise Act violation. Court allowed release pending confiscation proceedings on furnishing of two surety bonds to the District Magistrate and undertaking not to alienate the vehicle.

What did the court decide?

Directions to release seized vehicle BR-39U-2284 pending finalization of confiscation proceedings on furnishing of two surety bonds.

Tuntun Singh @ Ravish Kumar Vs The State Of Bihar and Ors. — Patna HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8378 of 2018

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Tuntun Singh @ Ravish Kumar, son of Bharat Singh, R/o- Korha, Ward No. 5, P.S.- Korha, District- Katihar

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Katihar

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The Superintendent of Police, Katihar

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The S.H.O. Korha, Police Station, Katihar

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s : Mr. Kumar Manish- SC-5 ====================================================== 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

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This writ petition has been filed for release of a vehicle bearing Registration No. BR-39U-2284, which has been seized in connection with Korha P.S. Case No. 339/2017 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 the present case.

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Patna High Court CWJC No.8378 of 2018(2) dt.01-05-2018 2/2

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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, Katihar 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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Tuntun Singh @ Ravish Kumar v. The State Of Bihar and Ors.

Case brief

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Tuntun Singh @ Ravish Kumar v. The State Of Bihar and Ors.

Case brief

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