Hareram Sah v. The State Of Bihar Through The Principal Secretary Excise Department, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2487 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- SAHIYARA District- Sitamarhi ====================================================== Hareram Sah Son of Bantilal Sah Resident of Ward No. 17, Matiyar Kala, P.S. Sahiyara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

2. The District Magistrate Cum Collector , Sitamarhi.

3. The Excise Superintendent, Sitamarhi.

4. The Motor Vehicle Inspector,Sitamarhi.

5. The Officer Incharge, Sahiyara Police Station, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhubala Verma For the Respondent/s :

Mr. Anil Kumar Sinha (Ga-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

As prayed for, learned counsel for the petitioner is permitted to make necessary correction in paragraph one of the application.

Petitioner has prayed for provisional release of the vehicle Motorcycle bearing registration no. BR-30S- 4736, which has been seized by the police in connection with Sahiyara P. S. Case No. 126 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 272, 273, 414 of the Indian Penal Code.

It is alleged that 38.400 liters of illicit liquor have

Patna High Court Cr. WJC No.2487 of 2018(2) dt.12-10-2018 2/3 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 vehicle in question. It is further submitted that no notice has been received by the petitioner for confiscation proceeding in respect of the vehicle in question. In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being more than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on petitioner producing document of ownership and registration in his name and furnishes 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.

Patna High Court Cr. WJC No.2487 of 2018(2) dt.12-10-2018 3/3 (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 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