Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2861 of 2019 ====================================================== Rajesh Kumar aged about 39 years (Male), S/o Lakhan Prasad, R/o- VillageNagar Parishad Campus Gangjala, P.S.- Saharsa Sadar, Distt.-Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Bihar, Prohibition and Excise Act, Govt. of Bihar, Patna 2.

The Commissioner of Bihar Prohibition and Excise Act Patna 3.

The Divisional Commissioner, Bhagalpur 4.

The District Magistrate, Bhagalpur 5.

The Superintendent of Police, Bhagalpur 6.

The Deputy Superintendent of Police, Nawgachhiya, Distt.-Bhagalpur 7.

The Station House Officer, Police Station, Nawgachhiya, Distt.-Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Respondent/s :

Mr. Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 25-02-2019 As prayed, Mr. Pramod Mishra, learned counsel for the petitioner is allowed to correct the parentage of the petitioner as occurring in the memo of the parties in the pleading of the writ petition and also in the pleadings of the State counsel.

Heard learned counsel for the petitioner and learned counsel for the State.

2/4 The petitioner prays for provisional release of the Scorpio bearing Registration No. WB24K0355, Engine No. L69732, Chassis No. 62L95846, which has been seized in connection with Navgachhiya P.S. Case No. 330 of 2018 for the offences punishable under Sections 30(A) and 38(i) of the Bihar Prohibition and Excise Act.

It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 360 liters of country made liquor. 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 designated Court below with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, shall also furnish the following affidavits /

3/4 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, if any, 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 got prepared by the designated 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value

4/4 of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding, if any. The title deed papers shall remain in safe custody of the designated Court below subject to final decision in the confiscation proceedings.

With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2019 Transmission Date NA