Sakaldeep Yadav v. The State Of Bihar, Through The Principal Secretary, Excise Department, Patna, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1651 of 2018 ======================================================

1. Sakaldeep Yadav, S/o Late Jagdish Yadav, R/o Mirchaibari, Barmasiya, P.S.- Katihar, Distt- Katihar.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Katihar.

3. The Superintendent of Police, Katihar.

4. The S.H.O. Excise Department, Katihar.

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

For the Petitioner/s : Mr. Sanjeev kr. Singh For the Respondent/s : Mr. Vikash Kumar (Sc 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

25-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Tempo) bearing registration no. BR-39PA-0512 in favour of the petitioner in connection with Prosecution Report No. C-1-439/18 under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 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.

In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being 105 liters, this Court would direct release of the vehicle in question on furnishing two sureties along with a bank guarantee for the value of the vehicle in question as indicated in the insurance document. Apart from the above, the petitioner shall be

Patna High Court Cr. WJC No.1651 of 2018 (2) dt.25-07-2018 obliged to submit an undertaking before the District Magistrate, Katihar that during the pendency of the confiscation proceeding he would not deal with the vehicle in question and shall not create any kind of encumbrance whatsoever and no third party right or interest shall be created. He would also undertake to produce the vehicle in question as and when required by the authority concerned.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Rajeev/- U T