Pintu Chaudhari v. The State Of Bihar, Through Principal Secretary, Excise Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1963 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- TEKARI District- Gaya ====================================================== Pintu Chaudhari, Son of Late Krit Choudhari, Resident of VillageSayanandpur, P.S.- Tikari, District- Gaya, (Tne Owner of Bajaj Avenger 150 Street Bearing Registration No. BR02AL5571, Engine No. PDYCGG33230, Chasis No. MD2A85CY1GCG87393.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector cum District Magistrate, Gaya.

3. The S.S.P., Gaya.

4. S.H.O. Tikari Police Station, Gaya.

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Respondent/s :

Mr. Vikash Kumar (Sc 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-08-2018 The petitioner seeks release of his motorcycle, Bajaj Avenger 150 Street bearing Registration No. BRO2AL5571, Engine No. PDYCGG33230 and Chassis No. MD2A85CY1GCG87393 which has been seized in connection with Tikari P.S. Case No. 38 of 2018 instituted for the offences under Section 30(a) of the Bihar Prohibition Excise Act, 2016.

It has been submitted on behalf of the petitioner that he is ready and willing to abide by the terms and conditions which may be imposed by this Court for the provisional release of the vehicle in question.

Considering the facts and circumstances,

Patna High Court Cr. WJC No.1963 of 2018(2) dt.21-08-2018 2/3 pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner, subject to the following conditions:- (I) The petitioner shall furnish surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature valued at Rs. 50,000/- (Rupees Fifty Thousand) to the satisfaction of the District Magistrate, Gaya/ 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

Patna High Court Cr. WJC No.1963 of 2018(2) dt.21-08-2018 3/3 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) The petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of the vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

This order shall, however, be subject to the result of Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.).

The application is accordingly allowed.

(Ashutosh Kumar, J) krishna/- U T