Jitu Ray v. The State Of Bihar Through Principal Secretary, Prohibition, Excise And Registration Department, Go

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.502 of 2018 ====================================================== Jitu Ray, Son of Gena Ray, Resident of Village Murtuzapur Makund, P.S. Jandaha, District Vaishali.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Vaishali at Hajipur.

3. The Superintendent of Excise, Vaishali at Hajipur.

4. The Superintendent of Police, Vaishali at Hajipur.

5. The Officer-in-Charge of Jandaha Police Station, District- Vaishali.

6. Investigating Officer, Jandaha, P.S. Case No. 224/17, Jandaha, P.S. District- Vaishali.

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

For the Petitioner/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Honda CB Shine Motorcycle bearing Reg. No. BR-31AA-2800, which has been seized by the police in connection with Jandaha P.S. Case No.224 of 2017, District-Vaishali for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 750 ml of foreign liquor has been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the

Patna High Court Cr. WJC No.502 of 2018 (2) dt.25-04-2018 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.

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 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, Vaishali at Hajipur/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.

Patna High Court Cr. WJC No.502 of 2018 (2) dt.25-04-2018 (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 shall undertake 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