Rekha Devi v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.717 of 2018 ====================================================== Rekha Devi, wife of Anand Prasad, resident of village - Muradpur, P.S. - Ahiyapur, District - Muzaffarpur.

.... .... Petitioner

Versus

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

2. The Principal Secretary, Home Department, Government of Bihar, Patna.

3. The Collector-cum-District Magistrate, Muzaffarpur, District - Muzaffarpur.

4. The Excise Superintendent, Muzaffarpur.

5. The Officer-in-Charge of Bochahan Police Station, Muzaffarpur.

6. Investigating Officer of Bochahan P.S. Case no. 126/16 dated 12.8.16. Muzaffarpur.

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

For the Petitioner/s : Mr. Rajeev Ranjan For the Respondent/s : Mr. Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

16-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Mahindra Bolero Six) bearing registration no. BR06PB-7800 in favour of the petitioner in connection with Bochahan P.S. Case No. 126/2016 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

Patna High Court Cr. WJC No.717 of 2018 (2) dt.16-03-2018 provisionally on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 5,00,000/- (Five 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 learned Court below or the Collector cum District Magistrate, Muzaffarpur, as the case may be.

(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 court below and/or the Collector-cum-District Magistrate, Muzaffarpur, 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/- (Rajeev Ranjan Prasad, J.) U T