Paras Mahto v. The State Of Bihar, Through Principal Secretary, Prohibition, Excise And Registration Department, G

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.558 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- VAISHALI(HAJIPUR) =========================================================== Paras Mahto son of Muneshwar Mahto, Resident of Mohalla Badi Patan Devi Colony, P.S. Alamganj, Patna - 800007.

.... .... 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 Ganga Bridge Police Station, District Vaishali.

6. Investigating Officer, Ganga Bridge P.S. Case No. 99/17, Ganga Bridge P.S., District Vaishali.

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

For the Petitioner/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Vikash Kumar, S.C.11 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 26-04-2018 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 registration no. BR-01CW-7549 in favour of the petitioner in connection with Ganga Bridge P.S. Case No. 99/2017 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.

Patna High Court Cr. WJC No.558 of 2018 dt.26-04-2018 In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released 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. 60,000/- (Sixty Thousand only) (not in form of cash or Bank guarantee) with two sureties of the like amount to the satisfaction of learned Court below or the Collector-cum-District Magistrate, Vaishali at Hazipur. (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 Collectorcum-District Magistrate, Vaishali at Hazipur. (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 28.04.2018 Transmission Date 28.04.2018