Niraj Kumar v. The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.245 of 2018 ====================================================== Niraj Kumar, Son of Shyam Bihari Singh, Resident of Village-Kahathu, P.S.-Jagdishpur, District-Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar Through Its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna & Ors

2. The District Magistrate, Aurangabad.

3. The Superintendent of Police, Aurangabad.

4. The Officer in Charge, Risiup Police Station, District-Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Leelawati Kumari For the Respondent/s : Mr. Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Bajaj Discover 125 CC Motorcycle bearing Reg. No. BR03U5805, Engine No.JZZRGC07258, Chassis No.MD2A15BZ1GRC90004, which has been seized by the police in connection with Risiup P.S. Case No.67 of 2017, District-Aurangabad for the offence under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 63 liters of country made liquor have been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions

Patna High Court Cr. WJC No.245 of 2018 (2) dt.29-03-2018 which may be imposed by this Court for provisional release of the vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature valued at Rs.

60,000/- (Sixty thousand) to the satisfaction of the District Magistrate, Aurangabad/authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required,

Patna High Court Cr. WJC No.245 of 2018 (2) dt.29-03-2018 he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner undertakes not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T