Dismissed

Saurav Kumar @ Bhagwan Kumar v. The State of Bihar

Patna HC10 Mar 2021CWJC/5530/2020

Case brief

AI extract

What is this about?

Petitioner sought writ for release of vehicle seized under Section 7 of the E.C. Act. Court dismissed the petition, granting liberty to file appropriate application for release under Section 457 CrPC before the trial court within two weeks.

What did the court decide?

Petition disposed; liberty granted to file application under Section 457 CrPC for vehicle release within two weeks, to be decided by lower court within four weeks.

Saurav Kumar @ Bhagwan Kumar Vs The State of Bihar — Property and Title | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5530 of 2020

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Saurav Kumar @ Bhagwan Kumar Son of Naresh Mandal, Resident of Village- Kali Mandir Mamalkha, P.S.- Sabour, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Old Secretariat, Patna.

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The District Magistrate, Bhagalpur.

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The Superintendent of Police, East Bhagalpur.

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The Superintendent of Excise, Bhagalpur.

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The Officer-in-Charge, Sabour P.S. District- Bhagalpur.

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh For the Respondent/s : Mr.Vikash Kumar (SC-11) ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 10-03-2021

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The present petition has been filed seeking a direction upon the respondents to release the vehicle in question which has been seized in connection with Sabour P.S. Case No. 287 of 2019 under Section 7 of the E.C. Act.

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At the outset, the learned counsel for the petitioner has informed this Court that no confiscation proceeding has yet been initiated, hence the petitioner may be granted liberty to approach the learned court below by filing appropriate application under Section 457 of the Code of Criminal Procedure for release of the vehicle in question.

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Accordingly, the present petition stands disposed off

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Patna High Court CWJC No.5530 of 2020(3) dt.10-03-2021 2/2

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with liberty to the petitioner to file appropriate application before the learned court below for release of the vehicle in question and in case such an application is filed within a period of two weeks from today, the same shall be disposed off by the learned court below, within a period of four weeks thereafter.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Saurav Kumar @ Bhagwan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Saurav Kumar @ Bhagwan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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