Ram Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2711 of 2019 ====================================================== Ram Kumar Singh (Male, aged about 54 years, son of Late Rang Singh Resident of Village-Mirganj, P.S.-Nagar Ara, District-Bhojpur. ... ... Petitioner

Versus

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

2. The Excise Commissioner, Bihar, Patna

3. The District Collector-Cum-District Magistrate, Siwan

4. The State of BIhar, through the Director General of Police Bihar, Patna

5. The Superintendent of Police Siwan

6. The Officer-in-Charge of Police Station, Jiradei, Siwan ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Surj Bansh Roy 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 : 18-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Passion Pro motorcycle bearing registration No. BR03L0843, Chassis No. MBLHA 10 AW CGF52806 and Engine No. HAIOENCGF23779 which has been seized in connection with Jiradei P.S. Case No. 99/2017 for the offences punishable under Sections 37(B) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The allegation against the petitioner is of drunken driving and in such condition, the motorcycle has been seized. Undisputedly,

Patna High Court CWJC No.2711 of 2019 dt.18-02-2019 2/2 there is no recovery from the motorcycle as it is also confirmed from the seizure list.

Having heard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. the State of Bihar through the Principal Secretary, Excise Department & Ors. Reported in 2018

(3) PLJR 403, we direct for release of the vehicle in question in favour of the petitioner within a week on furnishing/production of the document showing the ownership of the vehicle and registration certificate in the name of the petitioner supporting the claim of the petitioner before the designated court below because neither the F.I.R. nor the seizure list reflects any reason for proceeding to be continued against the motorcycle in question. Since nothing has been recovered from the motorcycle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court. With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.02.2019 Transmission Date NA