Rajanand Mandal v. The State Of Bihar Represented Through The Principal Secretary -Cum- Commissioner, Department Of Ex

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2351 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== Rajanand Mandal S/o Shri Mishri Mandal, R/o Vill.- Padaria, Tirakhandah, P.S.- Kursakatta, District- Araria, Bihar.

... ... Petitioner/s

Versus

1. The State of Bihar Represented Through The Principal Secretary -cumCommissioner, Department of Excise, Government of Bihar, Patna.

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate, Araria, Bihar.

4. The Superintendent of Police, Araria, Bihar.

5. The Superintendent of Excise, Araria, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Respondent/s :

Mr. Vivek Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle Motorcycle Hero Deluxe bearing registration no. BR38J-8263, which has been seized by the police in connection with Kursakanta (Sonamani Gudam) P. S. Case No. 159 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 1 liter of illicit liquor has been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and

Patna High Court Cr. WJC No.2351 of 2018(2) dt.31-10-2018 2/3 conditions which may be imposed by this Court for provisional release of the vehicle in question. It is further submitted that confiscation proceeding in respect of the vehicle in question is pending.

In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being less than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on petitioner producing document of ownership and registration in his name and furnishes two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the District Magistrate, Araria. The order of provisional release is, however, subject to the further undertakings to be submitted by the petitioner before the District Magistrate, Araria as follows: (i) That the vehicle in question is not involved in any other offence of similar nature in past and shall not be involved in the nature of the offence in future.

(ii) That the petitioner shall not create any third party right or interest in respect of the vehicle in question. (iii) That the petitioner shall produce the vehicle as

Patna High Court Cr. WJC No.2351 of 2018(2) dt.31-10-2018 3/3 and when required by the learned court below/authority concerned.

Prior to release of the vehicle a Panchnama shall be prepared which will be kept on record for future use in course of trial.

The vehicle be released within one week from the date of furnishing surety and the undertakings as indicated above.

The application stands disposed off.

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