Jai Shankar Kumar v. The State Of Bihar Through The Principal Secretary Excise Department, Government Of Bihar, Patna An
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.574 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN =========================================================== Jai Shankar Kumar S/o Bishwanath Prasad, R/o Tarwan, P.S.- Siwan Muffasil, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar Through The Principal Secretary Excise Department, Government of Bihar, Patna.
2. The District Magistrate Cum Collector, Siwan.
3. The Senior Superintendent of Police, Siwan.
4. The S.H.O. , Pachrukhi P.S., District- Siwan.
5. The Investigation Officer, Pachrukhi P.S. Case No. 200/2017, Siwan. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh For the Respondent/s : Mr. Manish Kumar, S.C.5 =========================================================== 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 (Hero Passion Pro Motorcycle) bearing Engine No. HA10ACHHFA0386, Chassis No. MBLHAR18XHHF27522 in favour of the petitioner in connection with Pachrukhi P.S. Case No. 200/2017 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.574 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 the Collectorcum-District Magistrate, Siwan. (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, Siwan. (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