Sushil Singh @ Sushil Kumar Singh v. The State Of Bihar Through Principal Secretary Excise And Prohibition And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.561 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- BHOJPUR =========================================================== Sushil Singh @ Sushil Kumar Singh Son of Jay Kishun Singh Resident of VillageNirmalpur, Police Station- Ara Muffasil, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar Through Principal Secretary Excise And Prohibition.

2. The District Magistrate, Bhojpur at Ara.

3. The Superintendent of Police, Bhojpur.

4. The Dy. Superintendent of Police, Bhojpur.

5. The S.H.O. Police Station, Barahra, Bhojpur.

6. The S.H.O. Khawaspur, O.P. Police Station - Barahra, Bhojpur.

7. The Investigating Officer, Khawaspur O.P. Police Station- Barahra, Bhojpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh 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 (Passion Pro Motorcycle) bearing registration no. BR03M-1842 in favour of the petitioner in connection with Excise Case No. 749/2017 (Arising out of Barahara (Khawaspur O.P.) P.S. Case No. 143/2017 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

Patna High Court Cr. WJC No.561 of 2018 dt.26-04-2018 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 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, Bhojpur at Ara. (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, Bhojpur at Ara. (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