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Patna High Court - Orders

Anil Ravidas vs The State Of Bihar & Ors on 13 February, 2018

Bench: Chief Justice, Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2595 of 2018
                 ======================================================
                 Anil Ravidas, Son of Brahamdev Ravidas, R/o- Gram Lalpur, Post- Lalpur,
                 P.S.- Kawwakol, Lalpur, District- Nawada- 805106.
                                                                            ... ... Petitioner/s
                                                    Versus
            1.   The State of Bihar through the Principal Secretary Excise Department,
                 Government of Bihar, Patna.
            2.   The District Magistrate, Nawada.
            3.   The Superintendent of Police, Nawada.
            4.   The O/C Kowakole, P.S. Nawada.
            5.   The Dinesh Prasad Singh, A.S.I. Excise Check, Post Rani Bazar, Kowakole,
                 Nawada.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Man Mohan Kumar, Advocate
                 For the Respondent/s   :       Mr. Kumar Manish- SC 5
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   13-02-2018

This writ petition has been filed for release of a vehicle (Super Splender Motor Cycle) bearing Registration No. BR 46- E-5337, which has been seized in connection with Kowakole P.S. Case No. 199/2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings and criminal case, 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.

Keeping in view the aforesaid, it is directed that pending Patna High Court CWJC No.2595 of 2018(2) dt.13-02-2018 2/2 finalization of the confiscation proceedings and criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Nawada, within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or create third party interest or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/-

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