Patna High Court - Orders
Ram Sagar Pandit vs The State Of Bihar & Ors on 17 July, 2018
Bench: Chief Justice, Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13433 of 2018
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Ram Sagar Pandit, Son of Laddu Lal Pandit, resident of Village- Vibhutipur,
Police Statin- Vibhutipur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar, through Home Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Excise and Prohibition, Government
of Bihar, Patna.
3. The District Magistrate cum Collector, Samastipur.
4. The Superintendent of Police, Samastipur.
5. The S.H.O. Samastipur Town Police Station, District- Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate
For the Respondent/s : Mr. Vikash Kumar - SC 11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 17-07-2018This writ petition has been filed for release of a vehicle (Mahindra Balero) bearing Registration No. BR 09U 0009, which has been seized in connection with Samastipur Town P.S. Case No. 113 of 2018 due to violation of the provisions of the Excise Act.
It is common ground that in various cases, identical in nature, pending finalization of the confiscation/excise/criminal 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.
Keeping in view the aforesaid, it is directed that Patna High Court CWJC No.13433 of 2018(2) dt.17-07-2018 2/2 pending finalization of the confiscation/excise proceedings and/or criminal case, the vehicle in question shall be released to the petitioner on the petitioner furnishing two surety bonds to the satisfaction of District Magistrate-cum-Collector, Samastipur 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 during the pendency of the confiscation/excise proceedings and/or criminal case so as to create third party rights or prejudice the rights of the State in the pending proceedings. Valuation of the vehicle in question shall be done as per the valuation shown in the insurance documents.
The vehicle in question be released within one week from the date of furnishing the surety bonds.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/Uma/-
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