Harendra Mali v. The State Of Bihar, Through The Principal Secretary, Excise Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.60 of 2018 ====================================================== Harendra Mali S/o Chana Lal Mali, R/o village- Simari Dudhipatti, P.S.- Simari, District- Buxar.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Buxar.

3. The Superintendent of Police, Buxar.

4. The S.H.O. , Simari, District- Buxar.

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

For the Petitioner/s : Mr. Satyapal Singh For the Respondent/s : Mr. Vikash Kumar (SC-XI) ====================================================== 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 T.V.S. Apache RTR-160 Motorcycle bearing Reg. No. BR44F/0347, Chasis No.

MD634KE49G2B75379, Engine No.0E4BG2922260, which has been seized by the police in connection with Simri P.S. Case No.160 of 2017, District-Buxar for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted that 60.48 liters of illicit liquor have been recovered from the vehicle in question. It is further submitted that though confiscation proceeding has been initiated, but no final

Patna High Court Cr. WJC No.60 of 2018 (2) dt.06-02-2018 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.

Considering the facts and circumstances particularly the fact that the vehicle in question was being used for carrying huge quantity of illicit liquor, let the vehicle of the petitioner be released provisionally on 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 court below/authority concerned or any other security of like nature valued at Rs.50,000/- (fifty thousand) 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

Patna High Court Cr. WJC No.60 of 2018 (2) dt.06-02-2018 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 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