Asma Auto Mobiles Pvt. Ltd.Purnea Through Its Director Namely Sahir Khan v. The State Of Bihar Through Its Principal Secretary, Excise Department, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.537 of 2018 ====================================================== Asma Auto Mobiles Pvt. Ltd., Purnea through its Director Namely Sahir Khan, son of Dr. Irshad Ahmad Khan, resident of Jail Chawk, Purnea, P.S.- K. Hat, District- Purnea.

.... .... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, Patna.

3. The District Magistrate, Katihar.

4. The Superintendent of Police, Katihar.

5. The Officer in-charge of Katihar (Town) Police Station, DistrictKatihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Respondent/s : Mr. Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-03-2018 Learned counsel for the petitioner submits that the vehicle in question Hundai i 20 Activa (SX) bearing Engine No.G4LAHM353095, Chesis No.MAL8M51BLHM357911 was being used by Hundai Motors India Limited for purpose of test drive only and it was handed over to one Chintu Kumar, who had presented himself as a prospective customer. Nothing has been recovered from the vehicle in question, which has been seized in connection with Katihar (Town) P.S. Case No.282 of 2017. The recovery of illicit liquor even as per seizure list, which is part of Annexure-1 to the present application is from another vehicle. Learned counsel for the State is present.

Patna High Court Cr. WJC No.537 of 2018 (4) dt.30-03-2018 2/2 In the facts and circumstances, on submitting proof of ownership and registration if required in a vehicle used for test drive in favour of the petitioner, let the vehicle of the petitioner be released provisionally on furnishing two surety bonds by the petitioner to the satisfaction of the District Magistrate, Katihar within a period of one week from the date of submission of the surety bonds subject to the condition that the vehicle in question shall not be alienated or encumbered creating any third party interest in the vehicle and the same shall be produced by the petitioner as and when required before the competent court or the court as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) N.H./- U T