Rakesh Mahto v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.25 of 2018 ====================================================== Rakesh Mahto S/o Mahendra Mahto, R/o Village- Dhanaur, P.S.- Katra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

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

3. The Director General of Police, Biha , Patna.

4. The Collector cum District Magistrate, Muzaffarpur.

5. The Excise Superintendent, Muzaffarpur.

6. The Officer in Charge of Gaighat P.S., Muzaffarpur, DistrictMuzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan For the Respondent/s : Mr. Vivek Prasad (Gp-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

08-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (three wheeler goods carrier auto) bearing registration no. BR06GC-3986 in favour of the petitioner in connection with Ghaighat P.S. Case No. 180/2017 for the offences under Sections 272, 273, 414 of the Indian Penal Code and 30A of the 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.

Patna High Court Cr. WJC No.25 of 2018 (2) dt.08-01-2018 1289 of 2017 by a co-ordinate Bench of this Court and submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court. It is submitted that merely on suspicion the vehicle in question has been seized as nothing has been recovered from the vehicle. It is further stated that vide Annexure-4, a co-ordinate Bench of this Court has ordered for release of the vehicle.

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. 2,00,000/- (Two Lakh only) (not in form of cash or Bank guarantee) with two sureties of the like amount to the satisfaction of the Collector cum District Magistrate, Muzaffarpur.

(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

Patna High Court Cr. WJC No.25 of 2018 (2) dt.08-01-2018 State and shall produce the vehicle before the Collector-cum-District Magistrate, Muzaffarpur as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama be also prepared and kept on record in accordance with law.

It shall be subject to result of the decision in LPA No.1647 of 2015 where a question as to whether the Collector can pass an order of confiscation is pending consideration.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J.) Rajeev/- U T