Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21213 of 2018 ====================================================== Anil Kumar, Son of Hari Prasad, Resident of Village-Bahera Barela P.S. Wazirganj, Distt.-Gaya.

... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Excise Department of Prohibition Registration Govt. of Bihar, Patna. 2.

The Collector- cum- Districit Magistrate, Gaya. 3.

The Superintendent of Excise, Gaya.

4.

The Senior Superintendent of Police, Gaya.

5.

The Officer-in-Charge of Fatehpur P.S., Distt.- Gaya. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Respondent/s :

Mr. Kumar Manish, SC-5.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 17-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Hiro Honda Glamour motorcycle bearing registration No. BR02S-0164, Engine No.

JA06EFCGD22970, Chasis No.

MBLJA06EUCGD20568, which has been seized in connection with Fatehpur P.S. Case No. 363/2016 for the offences punishable under sections 272/273/34 of Indian Penal Code and 30(a)(g) of the Bihar Excise Prohibition and Amendment Act, 2016.

Patna High Court CWJC No.21213 of 2018 dt.17-05-2019 2/3 It is stated by learned counsel for the petitioner that 20 litres of Mahua wine has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 20 litres of Mahua 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 designated court below with two sureties 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.

Patna High Court CWJC No.21213 of 2018 dt.17-05-2019 3/3 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the designated court below as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the designated 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, which would however be subject to initiation and finalization of the confiscation proceeding, if any. With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Anjula/Surendra AFR/NAFR NAFR CAV DATE NA Uploading Date 22.05.2019 Transmission Date NA