Allowed

Deendyal Ram v. The State Of Bihar and Ors.

Patna HC17 May 2018CWJC/8510/2018

Case brief

AI extract

What is this about?

This writ petition sought release of a vehicle seized under the Excise Act pending confiscation proceedings. The Court allowed the petition, directing the release of the vehicle upon furnishing a Bank Guarantee and an undertaking to produce the vehicle as directed.

What did the court decide?

The vehicle was directed to be released to the petitioner upon furnishing a Bank Guarantee and undertaking to produce the vehicle as directed.

Deendyal Ram Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8510 of 2018

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Deendyal Ram son of Late Baleshwar Ram Resident of Village - Kopa, Post - Kopa, P.S. - Kopa, District - Saran.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate at Saran.

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The Superintendent of Police, Saran at Chapra.

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The Excise Superintendent, Saran at Chapra.

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The Inspector of Police-cum-Officer-In-Charge, Bhagwanpur, Police Station - Bhagwanpur, District - Saran.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Arvind Kumar Sinha For the Respondent/s : Mr. Vivek Prasad -GP7

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 17-05-2018 This writ petition has been filed for release of a vehicle (MAGE Max Tempo) bearing Registration No. BR04M-3279, which has been seized in connection with Bhagwan Bazar P.S. Case No. 41/18 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.8510 of 2018 (2) dt.17-05-2018

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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 Bank Guarantee to the satisfaction of District Magistrate, Saran 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 Bank Guarantee.

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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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Arvind/-

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Deendyal Ram v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Deendyal Ram 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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