Awadhesh Rai v. The State Of Bihar Through The Principal Secretary Excise Department, Goverment Of Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2410 of 2017 Arising out of Ghorasahan P.S. Case No.312 of 2017, District-East Champran at Motihari.

====================================================== Awadhesh Rai, son of Sarvanand Rai, resident of village- Saraugarh, P.O.- Baijnathpur, Police Station- Chiraiya, District- East Champaran. .... .... Petitioner/s

Versus

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

2. The State of Bihar through the Collector, East Champaran at Motihari.

3. The District Magistrate, East Champaran at Motihari.

4. The S.H.O. Ghorasahan Police Station, District- East Champaran.

5. Shri Arbind Kumar, the Sub-Inspector of Police, Ghorasahan Police Station, District- East Champaran.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar Mishra For the Respondent/s : Mr. Anil Kumar Sinha (GA-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Motorcycle bearing Reg. No. BR05Q-8285, which has been seized by the police in connection with Ghorasahan P.S. Case No.312 of 2017 for the offence under Sections 272 and 273 of the I.P.C. and Sections 30(a), 37(a)(b) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that presently no confiscation proceeding has been initiated as per his

Patna High Court Cr. WJC No.2410 of 2017 (2) dt.25-01-2018 knowledge.

In the facts and circumstances, let the vehicle of the petitioner be provisionally released on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.50,000/- (fifty thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of court below or the 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 authority/court shall get prepared a photograph duly certified in presence of the

Patna High Court Cr. WJC No.2410 of 2017 (2) dt.25-01-2018 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