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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2833 of 2017 ====================================================== Ranjeet Kumar S/o Suraj Singh, R/o Vill.- Beda, P.S.- Sasaram (M) District- Rohtas.

.... .... Petitioner

Versus

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

2. The District magistrate, Rohtas at Sasaram.

3. The Deputy Collector (Legal), Rohtas at Sasaram.

4. The Superintendent of police, Rohtas.

5. The officer-In-Charge, Sasaram (M) Rohtas. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Respondent/s : Mr. Kumar Manish ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

30-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the Apache Motorcycle vehicle bearing registration no. BR24R-5735 in favour of the petitioner in connection with Sasaram (M) P.S. Case No. 1113/2017 for the offences under Sections 37(b) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner relies upon a Division Bench order of this Court in L.P.A. No. 1647 of 2015 and order dated 29.08.2017 passed in Cr.W.J.C. No. 1289 of 2017 by a co-ordinate Bench of this Court and submits that the petitioner is ready and

Patna High Court Cr. WJC No.2833 of 2017 (2) dt.30-01-2018 willing to abide by the terms and conditions which may be imposed by this Court. Nothing recovered from the vehicle in question.

Let the vehicle, if 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. 60,000/- (Rupees Sixty Thousand only) (not in form of cash or Bank guarantee) with two sureties of the like amount each to the satisfaction of the learned Court below or the Collector cum District Magistrate, Rohtas, Sasaram, 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-cum-District Magistrate, Rohtas, Sasaram, 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.

Patna High Court Cr. WJC No.2833 of 2017 (2) dt.30-01-2018 This application is, accordingly, disposed off.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T