Ajit Kumar @ Fantarba @ Nata v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.915 of 2018 ====================================================== Ajit Kumar @ Fantarba @ Nata, Son of R.S. Yadav@ Ramsundar Yadav@ Gholta Resident of Village- Taraiya, P.S.- Belhar, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.
2. The District Magistrate, Bhagalpur, District- Bhagalpur.
3. The Senior Superintendent of Police, Bhagalpur, District Bhagalpur.
4. The Sub- Divisional Police Officer, Sadar, Bhagalpur, DistrictBhagalpur.
5. The Execise Superintendent, Bhagalpur, District- Bhagalpur.
6. Sri Rohit Kumar Singh Son of late Shyam Narayan Singh Resident of Village- Navadih, P.S. Jasidih, District- Deoghar (Jharkhand), at Present Officer Incharge of Adampur O.P. Bhagalpur, District- Bhagalpur, Informant of Kotwali (Adampur), P.S. Case No. 149/2017 dated 24.03.2017
7. Sri Premdhi Singh, S.I. Son of not known the Officer Incharge of Kotwali Police Station(Bhagalpur), District - Bhagalpur.
8. Sri Birendra Nath Chaubey, A.S.I of Adampur (O.P), P.S. DistrictBhagalpur, the Investigating Officer of Kotwali (Adampur), P.S. Case No. 149/2017 dated 24.03.2017 .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav For the Respondent/s : Mr. Anil Kumar Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner has prayed for release of the vehicle Ford Fiesta Car bearing Reg. No.JH-05Q-0333, which has been seized by the police in connection with Kotwali (Adampur) P.S. Case No.149 of 2017, District-Bhagalpur for the offence under Section 30A of the Bihar Prohibition and Excise Act, 2016. It is alleged
Patna High Court Cr. WJC No.915 of 2018 (2) dt.03-05-2018 that 28 liters of foreign liquor have 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 a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature valued at Rs.
6,00,000/- (six lakhs) to the satisfaction of the District Magistrate, Bhagalpur/authority concerned.
(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question
Patna High Court Cr. WJC No.915 of 2018 (2) dt.03-05-2018 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