Surendra Yadav v. The State Of Bihar, Through The Principal Secretary, Department Of Prohibition, Excise And Registra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.244 of 2018 ====================================================== Surendra Yadav, Son of Ram Swarup Yadav, Resident of Village-Parsawan, Tola-Rampur (Adwai Bigha), P.O.-Tarari, P.S.-Konch, District-Gaya. .... .... Petitioner/s

Versus

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

2. The Collector, Gaya.

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

4. The Senior Superintendent of Police, Gaya, District-Gaya.

5. The Officer-in-Charge, Konch Police Station, District-Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate For the Respondent/s : Mr. Anil Kumar Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle SPLENDOR + 13S GREY BLACK bearing Engine No.HA10AGHHK 15423, which has been seized by the police in connection with Konch P.S. Case No.274 of 2017, District-Gaya for the offence under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 75 ml of liquor has 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.244 of 2018 (2) dt.30-03-2018 2/3 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 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 surety bond of Rs.60,000/- (sixty thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Gaya/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, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned

Patna High Court Cr. WJC No.244 of 2018 (2) dt.30-03-2018 3/3 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) N.H./- U T