Dharmendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3161 of 2019 ====================================================== Dharmendra Yadav, S/o Vidya Yadav, resident of Village- Nawada, P.S.- Yadopur, District- Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Superintendent of Excise, Gopalganj.

5.

The Officer-in-Charge, Yadopur, P.S. District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Adv.

For the Respondent/s :

Mr. Vikash Kumar, SC- 11.

====================================================== 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 Splendor Plus motorcycle bearing registration No. BR28Q-4482, which has been seized in connection with Yadopur P.S. Case No.66/18, District Gopalganj for the offences punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that 17.280 litres of IMFL has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police

Patna High Court CWJC No.3161 of 2019 dt.17-05-2019 2/3 station. The seizure list supports the seizure of the motorcycle and 17.280 litres of IMFL.

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 pending, 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 Collector-cum-District Magistrate, Gopalganj, 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.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the Collector-cum-District Magistrate, Gopalganj 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.

Patna High Court CWJC No.3161 of 2019 dt.17-05-2019 3/3 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 finalization of the confiscation proceeding.

With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Anjula/Skpathak AFR/NAFR NAFR CAV DATE NA Uploading Date 08.06.2019 Transmission Date NA