Binod Sah @ Vinod Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2130 of 2019 ====================================================== Binod Sah @ Vinod Sah, son of Ramashray Sah, Resident of Village- Jitaura, P.S.-Madhuban, District-East Champaran.

... ... Petitioner/s

Versus

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

2. The Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar Patna.

3. The Collector-Cum-District Magistrate, East Champaran, Motihari.

4. The Superintendent of Police, East Champaran Motihari.

5. The Superintendent of Excise, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Respondent/s :

Mr. Anil Kr. Sinha, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 05-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Hero Deluxe motorcycle bearing Registration No. BR05L5712, which has been seized in connection with Pipra P.S. Case No.210 of 2017 District East Champaran 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 360 ml of foreign wine has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the

Patna High Court CWJC No.2130 of 2019 dt.05-02-2019 2/3 open sky in the police station. The seizure list supports the seizure of the motorcycle and 360 ml of foreign wine. 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.

(iv) Prior to release of the vehicle, a Panchanama

Patna High Court CWJC No.2130 of 2019 dt.05-02-2019 3/3 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, 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) ( Arvind Srivastava, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2019 Transmission Date NA