Rajan Jha @ Rajan Das v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5158 of 2019 ====================================================== Rajan Jha @ Rajan Das (M), aged about 42 years, son of Pitambar Jha, resident of Village- Marpa, Ward No. 06, P.S.- Kanahauli, District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Bihar, Patna. 2.
The Chief Secretary, Govt. of Bihar, Patna.
3.
The Director General of Police, Bihar, Patna. 4.
The Collector-cum-District Magistrate, Sitamarhi 5.
The Deputy Superintendent of Police, Sitamarhi. 6.
The Excise Superintendent, Sitamarhi.
7.
The Officer-in-Charge, Sonbersa, Distt.- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar For the Respondent/s :
Mr. Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state. The petitioner prays for provisional release of the Maruti Suzukki 800 (Blue Colour) bearing Registration No. BR1AF8018, Chasis No. MA3ECA12502653559, which has been seized in connection with Sonbersa P.S. Case No. 76 of 2018 for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (A) of the Bihar Prohibition and Excise Act.
It is stated by learned counsel for the petitioner
Patna High Court CWJC No.5158 of 2019 dt.01-04-2019 2/3 that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 1.200 liters of IMFL.
Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the Collectorcum-District Magistrate, Sitamarhi with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings: (i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.
(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.
(iii) The petitioner shall furnish an undertaking to
Patna High Court CWJC No.5158 of 2019 dt.01-04-2019 3/3 produce the vehicle before the confiscating authority as and when required.
(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the Confiscating Authority wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future, if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial. The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release would, however, be subject to finalization of the confiscation proceeding. With the observations/directions above, this writ petition is allowed.
(Jyoti Saran, J) ( Arvind Srivastava, J) Nasimul/Shailendra AFR/NAFR NAFR CAV DATE N/A Uploading Date 09-04-2019 Transmission Date N/A