Allowed

Raj Kishore Sah v. The State Of Bihar and Ors.

Patna HC16 May 2018CWJC/9343/2018

Case brief

AI extract

What is this about?

Petitioner sought release of a seized vehicle under the Excise Act. The court directed the release of the vehicle pending confiscation proceedings and the criminal case, contingent upon furnishing two surety bonds and providing an undertaking to produce the vehicle as directed and not to alienate it.

What did the court decide?

Release of the seized vehicle pending finalization of confiscation and criminal case, conditioned on furnishing two surety bonds and an undertaking.

Raj Kishore Sah 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.9343 of 2018

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Raj Kishore Sah, son of Sri Rajbansh Sah, resident of village-Dhanechha, P.O.+P.S.-Durgawati, District-Kaimur (Bhabhua)

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Commissioner, Excise Department, Government of Bihar, New Secretariat, Vikash Bhawan, Patna, Bihar.

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The Collector-cum-District Magistrate, Rohtas at Sasaram.

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The Superintendent of Police, Rohtas at Sasaram.

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The Officer-in-Charge, Shivsagar Police Station, District-Rohtas at Sasaram.

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Saroj Kumar Sharma, Adv. Ms. Kiran Kumari Sharma, Adv. For the Respondent/s : Mr. Anil Kumar Sinha -GA1

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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 16-05-2018 Learned counsel for the petitioner is permitted to make necessary correction in the cause title in course of the day.

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This writ petition has been filed for release of a vehicle (Pick-up Van) bearing Registration No. UP-67T-8760, which has been seized in connection with Shivsagar P.S. Case No. 86/2018 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

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Patna High Court CWJC No.9343 of 2018 (2) dt.16-05-2018

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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 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, Rohtas at Sasaram 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

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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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Raj Kishore Sah v. The State Of Bihar and Ors.

Case brief

What is this about?

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Raj Kishore Sah v. The State Of Bihar and Ors.

Case brief

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