Anil Kumar Bhagat v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13422 of 2018 ====================================================== Anil Kumar Bhagat S/o Suresh Bhagat resident of Village- Gauri, P.S.- Darauli, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate, Siwan.
3. The Superintendent of Excise Department, Siwan.
4. The Officer in Charge- Guthni, Police Station, Siwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Respondent/s :
Mr. Anil Kr. Sinha- Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-07-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Guthni P.S. Case No. 202 of 2017) motorcycle of the petitioner bearing registration no. BR-29R-1179 be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Siwan, within one week from the date of furnishing the sureties.
The valuation of the vehicle in question shall be done as per the valuation shown in the insurance document. In case, respondents want to take action for confiscation, they are cautioned to take note of Section 56 of the
Patna High Court CWJC No.13422 of 2018(2) dt.16-07-2018 2/2 Bihar Prohibition and Excise Act, 2016, and shall initiate proceedings only of the confiscation proceedings can be initiated in a case like this where there is no seizure of liquor and the vehicle is not used for transportation of liquor and only the driver is found to have driven the vehicle in a drunken condition. In case, confiscation proceedings are initiated and finally it is found that the confiscation cold not be initiated being contrary to Section 56 of the Act, the petitioner shall have liberty to seek compensation to be paid by the officer concerned personally who takes action in the matter.
With the aforesaid, the writ petition stands disposed off.
(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U