Jitendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.242 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN =========================================================== Jitendra Singh, Son of Rajdip Singh, Resident of Village- Dumari Adda, P.S.- Doriganja, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Excise Commissioner, State of Bihar, Patna.

3. Additional Commissioner, Excise State of Bihar, Patna.

4. Excise Superintendent, Saran.

5. Excise Deputy Superintendent, Saran.

6. Sub-Inspector, Excise, Saran.

7. District Magistrate, Saran.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 20-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Tata Indica) bearing registration no. JH-11B-5561 in favour of the petitioner in connection with Awtarnagar P.S. Case No. 91/2017 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is stated that 17.64 litres of liquor has been recovered.

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. In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if

Patna High Court Cr. WJC No.242 of 2018 dt.20-04-2018 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. 4,00,000/- (Four Lakhs 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-cumDistrict Magistrate, Saran, as the case may be. (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-cumDistrict Magistrate, Saran, as and when directed. (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 NAFR CAV DATE NA Uploading Date 23.04.2018 Transmission Date 23.04.2018