Gyanti Devi v. The State Of Bihar, Through Principal Secretary, Home Department, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.644 of 2018 ====================================================== Gyanti Devi, W/o Late Ramesh Prasad, R/o Village- Bairiya, P.S.- Gopalpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar, Through Principal Secretary, Home Department, Patna.
2. The District Magistrate Cum Collector, Patna.
3. The Senior Superintendent of Police, Patna.
4. The S.H.O. Pirbahore P.S., District- Patna.
5. The Investigation Officer, S.I., Shoib Akhtar of the Pirbahore, P.S.- Case No.592/17, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Parth Sarthi (GA4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner has prayed for release of the vehicle Bajaj Pulsar 220 Motorcycle bearing Reg. No. BR-01-BZ8473, which has been seized by the police in connection with Pirbahore P.S. Case No.592 of 2017, District-Patna for the offence under Sections 414/34 of the Indian Penal Code and Sections 20/22 of the NDPS Act. It is alleged that two Puriyas of smack has been recovered from the vehicle in question.
Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions
Patna High Court Cr. WJC No.644 of 2018 (2) dt.26-04-2018 which may be imposed by this Court for provisional release of the vehicle in question.
Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.60,000/- (sixty thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Patna/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) At the time of release, the concerned
Patna High Court Cr. WJC No.644 of 2018 (2) dt.26-04-2018 authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.
(iv) Petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.
The application stands disposed of.
(Rajeev Ranjan Prasad, J) Arvind/- U T