Chandeshwari Prasad Yadav v. The State Of Bihar, Through The Principal Secretary, Department Of Excise, Government Of Bihar, Pat

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.939 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- BANKA =========================================================== Chandeshwari Prasad Yadav, Son of Awadh Mandal @ Abadh Prasad Mandal, Resident of Village- Baijnathpur, P.S.- Saur Bazar, District- Saharsa. .... .... Petitioner

Versus

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

2. The District Magistrate, District Banka.

3. The Superintendent of Police, District Banka.

4. The S.H.O. of Bausi, District- Banka.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Parmod Mishra For the Respondent/s : Mr. Vikash Kumar, S.C.11 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 04-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Scorpio) bearing registration no. BR-11Y-3011 in favour of the petitioner in connection with Bausi P.S. Case No. 267 of 2017 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released provisionally within a week on production of proof of ownership and registration of

Patna High Court Cr. WJC No.939 of 2018 dt.04-05-2018 the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 6,00,000/- (Six Lakhs only) in form of Bank guarantee or the original title deed of an immovable property lying within the jurisdiction of the court or any other security of like nature to the satisfaction of the Collector cum District Magistrate, Banka. (ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal with them adverse to the interest of the State and shall produce the vehicle before the Collector-cum-District Magistrate, Banka, as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR CAV DATE Uploading Date 07.05.2018 Transmission Date 07.05.2018