Ram Pukar Mahara v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.43 of 2018 ====================================================== Ram Pukar Mahara, S/o Bauelal Mahara, R/o Village- Kuvadh, P.S.- Jaynagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, District- Patna.

3. The Inspector General of Police, Darbhanga Commissionary, Darbhanga.

4. The Deputy Inspector General of Police, Darbhanga Commissionary, Darbhanga.

5. The Superintendent of Police, Madhubani, District Madhubani.

6. The Deputy Inspector General of Police, Jaynagar, District- Madhubani.

7. The Police In Charge of Jaynagar P.S., P.S.- Jaynagar, DistrictMadhubani.

8. The Investigating Officer of Jaynagar, P.S. Case No.-143 of 2017, P.S.- Jaynagar, District- Madhubani.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha 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 Bajaj Three Wheeler R.E.D. bearing Reg.No.BR-32K/6017, Chassis No.MD2A41AZ5EWF15590, Engine No.BBZWEF20912 , which has been seized by the police in connection with Jaynagar P.S. Case No.143 of 2017, District-Madhubani for the offence under Section 37(B) of the Bihar Prohibition and Excise Act, 2016. It is submitted that no illicit liquor has been

Patna High Court Cr. WJC No.43 of 2018 (2) dt.06-02-2018 recovered from the vehicle in question. It is further submitted that though confiscation proceeding has been initiated, but no final order has been passed.

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.

Let the vehicle of the petitioner be provisionally released on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.1,50,000/- (one lakh fifty thousand) (not in form of bank guarantee or cash) with two sureties of the like amount 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 any illegal purpose and as and when required, he will

Patna High Court Cr. WJC No.43 of 2018 (2) dt.06-02-2018 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