Indrakala Devi v. The State Of Bihar Through The Principal Secretary, Excise Department, Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.755 of 2018 ====================================================== Indrakala Devi, W/o Raj Kishor Mahto, Resident of Village- Matiyar Khurd, P.S.- Sahiyara, Dist- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Excise Department, Bihar Patna.

2. The District Magistrate Sitamarhi, Dist- Sitamarhi.

3. The Superintendent of Police, Sitamarhi, Dist- Sitamarhi.

4. The Sub-Divisional of Police, Sitamarhi Sadar, Dist- Sitamarhi.

5. The Officer in-charge of Kanhauli Police Station, Dist- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-04-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 4 of the writ application. Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Hero H.F. Deluxe Motorcycle bearing Reg. No. BR-30K-9355, which has been seized by the police in connection with Kanhauli P.S. Case No. 35 of 2017, District-Sitamarhi for the offence under Section 273 of Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 6 liters of Nepali wine 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 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, Sitamarhi/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 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