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2017 DIGILAW 263 (PAT)

Krishna Kumar Singh S/o Nagendra Singh v. State of Bihar through its Principal Secretary, Excise Department of Patna

2017-02-16

HEMANT GUPTA, SUDHIR SINGH

body2017
ORDER : HEMANT GUPTA, J. 1. Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the writ petition in respect of registration number of the motor vehicle in question. 2. Prayer is allowed, as prayed for. 3. The petitioner has invoked the writ jurisdiction of this Court for release of Bajaj Pulsar Motor Cycle bearing registration No. BR44D- 7186 seized by the Bihar Police in connection with Complaint Case No. 286(O) of 2016 registered under Section 47(a) and 53(b) of the Bihar Excise (Amendment) Act, 2016, which has been sent to the learned District Magistrate- Collector, Buxar for confiscation. 4. The questions in respect to confiscation of vehicle by the concerned authorities have been referred to the Larger Bench in L.P.A. No. 1647 of 2015. Since the very issue is pending consideration before the Larger Bench, we deem it appropriate to order release of Bajaj Pulsar Motor Cycle bearing registration No. BR44D- 7186 to the petitioner on furnishing surety bonds to the satisfaction of the District Magistrate-cum-Collector, Buxar in connection with Complaint Case No. 286(O) of 2016 subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when required during the proceedings under the Bihar Excise Act. 5. List this case after the decision in L.P.A. No. 1647 of 2015.