Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16406 of 2018 ====================================================== Anil Kumar son of Awadhesh Kumar Singh @ Awadhesh Kumar Sinha resident of village - Bangara Nijamat, Shiv Nagar, P.S. - Sahebganj, District Muzaffarpur.

... ... Petitioner/s

Versus

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

2. The Collector/District Magistrate, Muzaffarpur.

3. The Superintendent of Police, Muzaffarpur.

4. The Excise Superintendent, Muzaffarpur.

5. The Excise Inspector, Muzaffarpur.

6. The Officer-In-charge Saraiya P.S. Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Respondent/s :

Mr. Vikash Kumar -SC11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 28-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for provisional release of his Hero Glamour Motorcycle bearing Engine No. JA06ERHGK39814 and Chassis No.

MBLIAR022HGK28592, which has been seized in connection with Saraiya P.S. Case No. 153 of 2018 for the offences punishable under section 279 Indian Penal Code read along with side provisions under section 37(a)(b)(c) of

Patna High Court CWJC No.16406 of 2018 dt.28-01-2019 2/3 the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is of drunken driving and in such condition, the vehicle has been seized. Undisputedly, there is no recovery from the vehicle as it is also confirmed from the seizure list. Having hard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018 (3) PLJR 403, we direct for release of the vehicle in question in favour of the petitioner within a week on furnishing/production of the document showing the ownership of the vehicle and registration certificate in the name of the petitioner supporting the claim of the petitioner before the Officer-inCharge, Saraiya Police Station, District-Muzaffarpur, as because neither the F.I.R. nor the seizure list reflects any reason for proceeding to be continued against the vehicle in question.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division

Patna High Court CWJC No.16406 of 2018 dt.28-01-2019 3/3 Bench of this Court.

With this observation above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) shailendra/Nasimul AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.02.2019 Transmission Date N/A