Sanoj Kumar v. The State Of Bihar, Through Principal Secretary Excise Department, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.257 of 2018 ====================================================== Sanoj Kumar, S/o Late Shiv Balak Singh, R/o Village- Rajadewar, P.S.- Akbarpur, District- Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through Principal Secretary Excise Department, Patna.

2. The District Magistrate, Nawada, District- Nawada.

3. The Superintendent of Police, Nawada.

4. The Officer In Charge, Hisua , P.S.- District- Nawada. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Sharan For the Respondent/s : Mr. Vivek Prasad (GP 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Bolero Pick-up Van bearing Reg. No. BR27G-2912, which has been seized by the police in connection with Hisua P.S. Case No.251 of 2017, District-Nawada for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 800 liters of country made liquor have been recovered from the vehicle in question.

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

Patna High Court Cr. WJC No.257 of 2018 (2) dt.19-03-2018 vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of confiscation proceeding, let the vehicle of the petitioner be released provisionally, if not already auction sold, within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the court below/authority concerned or any other security of like nature valued at Rs. 4,00,000/- (four lakhs)) to the satisfaction of District Magistrate, Nawada/authority concerned.

(ii) The petitioner shall also give an undertaking that she will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, she will not use the vehicle for any illegal purpose and as and when required, she will produce the vehicle in question before

Patna High Court Cr. WJC No.257 of 2018 (2) dt.19-03-2018 the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner undertakes not to challenge the said photograph and panchnama so prepared in her presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T