Allowed

Ashok Singh v. The State Of Bihar and Ors.

Patna HC17 May 2018CWJC/9907/2018

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What is this about?

The Court allowed the writ petition and directed the release of a seized vehicle (Sumo Gold) to the petitioner. The petitioner must furnish a Bank Guarantee to the District Magistrate and undertake to produce the vehicle when directed and not alienate it during pendency of proceedings.

What did the court decide?

Direction to release the seized vehicle to the petitioner upon furnishing of a Bank Guarantee to the District Magistrate and undertaking to produce the vehicle and not alienate it.

Ashok Singh Vs The State Of Bihar and Ors. — Environment and Pollution | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9907 of 2018

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Ashok Singh, son of Harishchandra Singh, resident of Ward No. 4, Bariyarpur, P.O. Bariyarpur, District- Sitamarhi

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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 Department, Government of Bihar, Patna

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The District Magistrate-cum-Collector, Sitamarhi

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The SHO, Kanhauli P.S. Sitamarhi

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Respondent/s : Mr. Vikash Kumar -SC-11 ====================================================== 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 17-05-2018 Office objection ignored.

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This writ petition has been filed for release of a vehicle (Sumo Gold) bearing Registration No. BR 06 PD 4474, which has been seized in connection with Kanhauli P.S. Case No. 20/2018 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 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.9907 of 2018(2) dt.17-05-2018 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 Bank Guarantee to the satisfaction of District Magistrate, Sitamarhi 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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P.K.P./-

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Ashok Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Ashok Singh v. The State Of Bihar and Ors.

Case brief

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