Patna High Court
Lalu Kumar vs The State Of Bihar & Ors on 20 June, 2017
Bench: Chief Justice, Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8261 of 2017
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Lalu Kumar, Son of Parikshan Yadav, resident of Village- Sahar Tol Kerwa, P.S.-
Madhyapur, District- Madhubani
.... .... Petitioner/s
Versus
1. The State of Bihar through the Execise Commissioner, Bihar, Patna.
2. The District Magistrate, Madhubani.
3. The Superintendent of Police, Madhubani.
4. The Officer-in-charge, Harlakhi Police Station, District- Madhubani.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Murari Narain Choudhary, Adv
Mr. Mohit Shrivastava, Adv
For the Respondent/s : Mr. Kumar Manish, SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-06-2017 Having heard learned counsel for the parties and considered the facts, that confiscation proceedings under the Bihar Excise Act are pending consideration before the competent authority namely the District Magistrate, Madhubani in Confiscation Case No. 582 of 2016-17 and in various others identical cases pending finalization of confiscation proceedings, this Court had directed for release of the vehicle in questions.
The District Magistrate, Madhubani is directed to release the pick-up-van of the petitioner bearing Registration No. BR Patna High Court CWJC No.8261 of 2017 dt.20-06-2017 2/2 07G 8970 pending finalization of the confiscation proceedings on the petitioner furnishing two surety bonds to the satisfaction of the District Magistrate, Madhubani in Confiscation Case No. 582 of 2016-17, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings before the District Magistrate.
On the petitioner fulfilling the aforesaid conditions, the vehicle in question be released to the petitioner pending finalization of the confiscation proceedings.
With the aforesaid, the petition stands disposed of.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/-
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