Patna High Court
Ranju Devi @ Ranjana Devi vs The State Of Bihar & Ors on 13 April, 2018
Bench: Chief Justice, Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6909 of 2018
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Ranju Devi @ Ranjana Devi wife of Sikandra Mandal resident of village -
Rangdaha Majhua ward no. 12, Police Station Forbesganj, District - Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Araria.
4. The Superintendent of Police, Araria.
5. The Superintendent of Excise, Araria.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana
For the Respondent/s : Mr. VIKASH KUMAR -SC11
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-04-2018 This writ petition has been filed for release of a vehicle (Bajaj Pulsar Motorcycle) bearing Registration No. BR-38N-5932 which has been seized in connection with Forbesganj P.S. Case No. 860/2017 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.
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 the present case.
Patna High Court CWJC No.6909 of 2018 dt.13-04-2018 2 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, Araria 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.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/-
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