Patna High Court - Orders
Mohan Verma @ Mohan Singh vs The State Of Bihar & Ors on 8 December, 2017
Bench: Chief Justice, Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17693 of 2017
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Mohan Verma @ Mohan Singh, Son of Late Shiv Kumar Verma @ Late
Shiv Kumar Singh, Resident of, Flat No. 102, Aryapartment, Jhagi Kothi,
Kadamkuan, Patna, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise, Prohibition
& Registration Department, Government of Bihar Patna.
2. The Collector-Cum- District Magistrate, Nawada.
3. The Superintendent of Excise, Nawada.
4. The Sub Inspector, Excise Integrated Check Post, Rajauli, Nawada.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Abhimanyu Pratap, Advocate
Mr. Prabhakar Singh, Advocate
For the Respondent/s : Mr. Anil Kumar Sinha, GA-1
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR
UPADHYAY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 08-12-2017Counsel for respondents to seek instructions and file counter affidavit. Two weeks' time is granted for the said purpose.
Having heard learned counsel for the parties, we find that a XUV 500 vehicle bearing Registration No. BR01PF 3741 has been seized in connection with Check Post Rajauli, Nawada Case No. 31 of 2017 registered against the petitioner under Section 30(a) and 37(a) of the Bihar Prohibition & Excise Act, 2016 and proceedings with regard to the matter are pending in Confiscation Case No. 372(M) of 2017 before the District Magistrate-cum-Collector, Nawada.
This is an application filed for release of the vehicle Patna High Court CWJC No.17693 of 2017 (2) dt.08-12-2017 2/2 pending confiscation proceedings. Various orders passed by this Court releasing the vehicle on identical consideration are produced before us and one such order with regard to release of the vehicle has been passed by a co-ordinate Bench of this Court on 10.02.2017 in C.W.J.C. No. 19326 of 2016.
Keeping in view the aforesaid, we allow this application and direct for release of the vehicle in question, mentioned above, to the petitioner, if not already auctioned, on furnishing two surety bonds to the satisfaction of the District Magistrate-cum-Collector, Nawada in connection with Confiscation Case No. 372(M) of 2017, arising out of Check Post Rajauli, Nawada Case No. 31 of 2017, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when required until finalization of the aforesaid case and shall also not alienate or deal with the vehicle in any manner so as to prejudice the right of the State in confiscation proceeding.
List this matter for analogous hearing along with L.P.A. No. 1647 of 2015.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/-
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