Lalchand Yadav @ Lalchan Yadav v. The State Of Bihar Through The Principal Secretary, Excise And Prohibition Department, Govt. Of Bih

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2449 of 2018 Arising Out of PS. Case No.-15 Year-2018 Thana- KURTHA District- Jehanabad ====================================================== Lalchand Yadav @ Lalchan Yadav, Son of Mohan Yadav, Resident of Village- Surajmal Bigha, Police Station- Banshi, District- Arwal. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.

2. The District Magistrate, Arwal.

3. The Superintendent of Police, Arwal.

4. The S.H.O., Kurtha Police Station, District- Arwal.

5. The Investigating Officer, S.I., Naresh Prasad, Kurtha Police Station, DistrictArwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar For the Respondent/s :

Mr. Anil Kumar Sinha(Ga-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle Hero Passion Pro Motorcycle bearing registration no. BR-02U-2791, which has been seized by the police in connection with Kurtha P. S. Case No. 15 of 2018 for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 2 liters of illicit liquor have been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the

Patna High Court Cr. WJC No.2449 of 2018(2) dt.10-10-2018 2/3 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. It is submitted that no notice of confiscation proceeding has yet been received by the petitioner.

In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being less than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on furnishing two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below.

The order of provisional release is, however, subject to the further undertakings to be submitted by the petitioner before the court below as follows:

(i) That the vehicle in question is not involved in any other offence of similar nature in past and shall not be involved in the nature of the offence in future.

(ii) That the petitioner shall not create any third party right or interest in respect of the vehicle in question. (iii) That the petitioner shall produce the vehicle as

Patna High Court Cr. WJC No.2449 of 2018(2) dt.10-10-2018 3/3 and when required by the learned court below/authority concerned.

Prior to release of the vehicle a Panchnama shall be prepared which will be kept on record for future use in course of trial.

The vehicle be released within one week from the date of furnishing surety and the undertakings as indicated above.

The application stands disposed off.

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