Akash Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17528 of 2018 ====================================================== Akash Kumar Son of Anjani Patel, Resident of Hospital Chowk Ratanpura, P.S.- Bhagwan Bazar, District- Chapra Saran.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The District Magistrate, Saran at Chapra.
3. The Superintendent of Police, Saran at Chapra.
4. The Deputy Superintendent of Police, Saran at Chapra.
5. The Superintendent of Excise, Saran at Chapra.
6. The Station House Officer, Muffasil, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Respondent/s :
Mr.Anil Kr. Sinha- Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner prays for provisional release of the Tempo (three wheeler) bearing Registration No. BR04PA-0354, Engine No. A6G1009688, Chasis No. MCHJDPODOGPH03989 which has been seized in connection with Muffasil P.S. Case No. 178 of 2018 for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30, 38 and 41 of Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle in
Patna High Court CWJC No.17528 of 2018 dt.18-02-2019 2/3 question is lying under the open sky in the police station. The seizure list reflects the seizure of 120 litres of country made liquor. Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the Court below with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, shall also furnish the following affidavits/undertakings:
(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future:
(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding, if any, and shall not alienate the vehicle during this period.
(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.
Patna High Court CWJC No.17528 of 2018 dt.18-02-2019 3/3 (iv) Prior to release of the vehicle, a Panchanama would be prepared by the Court below wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future, if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial. The release shall be allowed within a period of 14 days from the date of production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release would, however, be subject to the final order passed in the confiscation proceeding as and when initiated. With the observations and directions above, this writ petition is allowed.
(Jyoti Saran, J) ( Arvind Srivastava, J) brajesh/- AFR/NAFR CAV DATE Uploading Date Transmission Date