Santosh Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1160 of 2019 ====================================================== Santosh Paswan Male aged about 27 years, Son of Parmod Paswan Resident of Village Seikhpura, P.O. Sori, P.S. Kutumba District Aurangabad ... ... Petitioner

Versus

1. The State Of Bihar through Principal Secretary Excise Department New Secretariat, Bihar, Patna.

2. The District Magistrate, Aurangabad

3. The Officer Incharge, Kutumba, Police Station District-Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 16-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the motorcycle bearing registration No. BR26N-8026 of the Bajaj Co., which has been seized in connection with Kutumba P.S.Case No. 164/2018 for the offences punishable under sections 341, 323, 337, 504 of the Indian Penal Code and 30(A) of the Bihar Excise Prohibition Amendment Act, 2018.

It is stated by learned counsel for the petitioner that the recovery is 19 litres of country liquor, the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in

Patna High Court CWJC No.1160 of 2019 dt.16-01-2019 2/3 the police station. The seizure list reflects the seizure of the motorcycle.

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 two sureties (one local) to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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 further.

(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 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.1160 of 2019 dt.16-01-2019 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 submission of the sureties and the undertakings as stated above. This release would however be subject to initiation and finalization of the confiscation proceeding, if any. With the observations, this writ petition is allowed. (Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.01.2019 Transmission Date NA