Pintu Thakur v. The State Of Bihar Through Its Principal Secretary, Excise Department, Govt. Of Bihar, Old Secretar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2755 of 2017 ====================================================== Pintu Thakur, Son of Ram Babu Thakur, resident of Village- Bastawara, P.S.- Simri, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The District Supply Officer, Madhubani.

5. The S.H.O. (Bisfi) Madhubani, District- Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Respondent/s : Mr. Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle TVS Motorcycle bearing Reg.

No.

BR07AA-4207, Chasis No.MD634BE46H2E68285, Engine No.BE4EH206907 which has been seized by the police in connection with Bisfi P.S. Case No.178 of 2017 for the offence under Section 290 of the I.P.C. and Section 37(b)(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that no

Patna High Court Cr. WJC No.2755 of 2017 (2) dt.09-01-2018 illicit liquor has been found in the vehicle in question. The brother of this petitioner was allegedly driving the vehicle in intoxicated condition. It is also informed that no confiscation proceeding has been initiated as yet.

In the facts and circumstances, let the vehicle of the petitioner be released provisionally on production of proof of ownership and registration of the vehicle subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.75,000/- (seventy five 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) A photograph of the vehicle shall be taken and

Patna High Court Cr. WJC No.2755 of 2017 (2) dt.09-01-2018 panchnama be also prepared and kept on record. The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T