Md. Ekval Alam v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar At Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2867 of 2017 ====================================================== Md. Ekval Alam, Son of Abdul Hussain, Resident of Village Jhaua (Gogra), P.S. Salmari, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar at Patna.

2. The Principal Secretary, Department of Home, Government of Bihar, Patna.

3. The Divisional Commissioner, Excise, Government of Bihar, Patna.

4. The District Magistrate, Katihar.

5. The Superintendent of Police, Katihar, Town Katihar.

6. The Officer In Charge of Aazam Nagar Police Station District Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Respondent/s : Mr. Anil Kumar Sinha ====================================================== 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 Tempo bearing Reg.No.BR-11T/ 9682, Engine No.34H8459682, Chesis No.MDX0000JAFTH140191, which has been seized by the police in connection with Azam Nagar P.S. Case No.334 of 2017, District-Katihar for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted that three bottles of illicit liquor each containing 750 ml have been recovered from the vehicle in

Patna High Court Cr. WJC No.2867 of 2017 (2) dt.06-02-2018 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.

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 produce the vehicle in question before the competent court/authority.

Patna High Court Cr. WJC No.2867 of 2017 (2) dt.06-02-2018 (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