Dayvanti Devi v. The State Of Bihar, Through The Principal Secretary, Department Of Registration, Excise And Prohibi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1373 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- SUPAUL =========================================================== Dayvanti Devi, wife of Tuntun Saday, resident of village Bhit Bhagwanpur, P.S. - Madhepur, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Department of Registration, Excise And Prohibition, Government of Bihar, Patna

2. The Excise Commissioner, Bihar, Patna.

3. The State of Bihar, through the Director General of Police

4. The District Collector cum District Magistrate, Supaul

5. The Superintendent of Police, Supaul

6. The Police Station House Officer, Nirmali, District - Supaul .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Hirday Narayan Harshit For the Respondent/s : Mr. Anil Kumar Sinha, G.A.1 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 18-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Motorcycle H.F. DLX) bearing registration no. BR32V-2484 in favour of the petitioner in connection with Nirmali P.S. Case No. 23 of 2018 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released provisionally on production of proof of ownership and registration of the vehicle in his favour subject to the

Patna High Court Cr. WJC No.1373 of 2018 dt.18-05-2018 following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 60,000/- (Sixty Thousand only) (not in form of cash or Bank guarantee) with two sureties of the like amount to the satisfaction of the Collectorcum-District Magistrate, Supaul. (ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal with them adverse to the interest of the State and shall produce the vehicle before the Collectorcum-District Magistrate, Supaul, as and when directed. (iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J) Rajeev/- AFR/NAFR CAV DATE Uploading Date 21.05.2018 Transmission Date 21.05.2018