Mukesh Kumar v. The State Of Bihar, Through The Principal Secretary, Department Of Excise, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1372 of 2018 ======================================================

1. Mukesh Kumar S/o Binod Choudhary @ Bino Choudhary, R/o Vill.- Hardiya Tola, P.S.- Begusarai Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

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

2. District Magistrate, Begusarai.

3. Excise Sub Inspector, Begusarai Excise Officer, Vikash Bhawar , Begusarai.

4. Station House Officer, P.S., Begusarai Town, District- Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Dhar Jha For the Respondent/s : Mr. Kumar Manish (Sc 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle E.Rickshaw bearing Reg.No.BG1112, which has been seized by the police in connection with Case No.474C2/17 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 11.31 liters of illicit 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

Patna High Court Cr. WJC No.1372 of 2018 (2) dt.04-07-2018 2/3 vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of confiscation proceeding, let the vehicle in question be released provisionally in favour of the petitioner 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 (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Begusarai/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

Patna High Court Cr. WJC No.1372 of 2018 (2) dt.04-07-2018 3/3 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) Vinita/R.R.Ojha U T