Usha Kumari v. The State Of Bihar Through The District Magistrate, Sitamarhi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2859 of 2017 ====================================================== Usha Kumari, D/o Budhan Mandal, Resident of Village- Kausara, P.S.- Sursand, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Sitamarhi.

2. The S.P., Sitamarhi.

3. The Excise Superintendent, Sitamarhi.

4. The Officer-in- Charge, Sitamarhi Police Station, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Respondent/s : Mr. Anil Kumar Sinha (GA 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Motorcycle bearing Reg. No. BR-30N/1304, which has been seized by the SSB, Sitamarhi in connection with C2-445/2016, District-Sitamarhi for the offence under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

It is submitted that 1.44 liters of illicit liquor have been recovered from the vehicle in question. It is further submitted that confiscation proceeding has already been initiated and final order has been passed which he will be challenging in an appropriate proceeding. Presently vehicle has not been sold. Learned counsel for the petitioner submits that the

Patna High Court Cr. WJC No.2859 of 2017 (2) dt.06-02-2018 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 particularly the fact that the vehicle in question was being used for carrying huge quantity of illicit liquor, let the vehicle of the petitioner be released provisionally on production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the court below/authority concerned or any other security of like nature valued at Rs.50,000/- (fifty thousand) to the satisfaction of court below or the 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

Patna High Court Cr. WJC No.2859 of 2017 (2) dt.06-02-2018 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 undertakes 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