Allowed

Shravan Rajbhar @ Shravan Bhar v. The State Of Bihar and Ors.

Patna HC16 May 2018CWJC/8628/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking release of a seized vehicle. It directed the authorities to release the vehicle upon the petitioner furnishing two surety bonds and an undertaking to produce it later.

What did the court decide?

The seized vehicle was directed to be released to the petitioner upon furnishing two surety bonds and providing an undertaking.

Shravan Rajbhar @ Shravan Bhar Vs The… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8628 of 2018

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

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Shravan Rajbhar @ Shravan Bhar, son of Hira Rajbhar, Resident of Village Chandupakar, P.S. Maniyar, District Ballia (Uttar Pradesh)

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... ... Petitioner/s

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Versus

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The State Of Bihar

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

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The Collector-cum-District Magistrate, Siwan

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The Superintendent of Police, Siwan

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The Officer In-charge, Darauli Police Station, District Siwan

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Mr. Vikash Kumar- Sc11 ====================================================== 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 16-05-2018 This writ petition has been filed for release of a vehicle (Hero Splendor Plus Motorcycle) bearing Registration No. UP-60AB-8480, which has been seized in connection with Darauli P.S. Case No. 11 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.8628 of 2018(2) dt.16-05-2018 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, Siwan 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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Shravan Rajbhar @ Shravan Bhar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Shravan Rajbhar @ Shravan Bhar v. The State Of Bihar and Ors.

Case brief

What is this about?

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