Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24284 of 2018 ====================================================== Rajesh Kumar, son of late Mohan Lal Gupta, resident of Pratap Patti, Parsauni, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Collector-cum-the District Magistrate, Muzaffarpur.

4. The Superintendent of Police, Muzaffarpur.

5. The Excise Superintendent, Muzaffarpur.

6. The S.H.O., Sahebganj Police Station, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 26-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.

The petitioner prays for provisional release of the Honda Motorcycle bearing Registration No. BR-06BA-2111, which has been seized in connection with Sahebganj P.S. Case No. 131 of 2018 for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

It is stated by learned counsel for the petitioner that

Patna High Court CWJC No.24284 of 2018 dt.26-04-2019 2/3 confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 750 ml. 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 District Magistrate, Muzaffarpur 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 future.

(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

Patna High Court CWJC No.24284 of 2018 dt.26-04-2019 3/3 produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the District Magistrate, Muzaffarpur, 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 finalization of the confiscation proceeding. With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Nasimul/mrl.

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