Setu Nath Poddar v. The State Of Bihar Through Principal Secretary, Excise And Prohibition Department, Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.836 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- KATIHAR =========================================================== Setu Nath Poddar, son of Shankar Poddar, resident of Mohalla- Tingacchiya, P.S. Nagar, District- Katihar.

.... .... Petitioner

Versus

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

2. District Magistrate, Katihar.

3. Superintendent of Police, Katihar.

4. Station House Officer, Kadwa Police Station, District- Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr. A.K. Sinha, G.A.1 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 03-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Bolero Jeep) bearing registration no. BR39K-4983 in favour of the petitioner in connection with Kadwa P.S. Case No. 396/2017 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question. In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released provisionally within a week on production of proof of ownership and registration of

Patna High Court Cr. WJC No.836 of 2018 dt.03-05-2018 the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 6,00,000/- (Six Lakhs only) in form of Bank guarantee or the original title deed of an immovable property lying within the jurisdiction of the court or any other security of like nature to the satisfaction of the Collector cum District Magistrate, Katihar.

(ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal with them adverse to the interest of the State and shall produce the vehicle before the Collector-cum-District Magistrate, Katihar, as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR CAV DATE Uploading Date 04.05.2018 Transmission Date 04.05.2018