Santosh Saw v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4158 of 2019 ====================================================== Santosh Saw aged about 39 years (Male), S/o Vajir Saw, Resident of VillageChoraha, P.S.Simra Hazari, Dist.-Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Excise, Govt. of Bihar, Patna 2.

The District Magistrate, Aurangabad 3.

The Superintendent of Police, Aurangabad 4.

The Officer In-charge, Simra P.S., Dist.-Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Leelawati Kumari For the Respondent/s :

Mr. Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 11-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for provisional release of Hero Splendor Pro Motorcycle bearing registration No. JH03M5627, which has been seized in connection with Simra P.S. Case No. 06 of 2019 for the offences punishable under sections 37(b)/37(c) of 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.

Patna High Court CWJC No.4158 of 2019 dt.11-03-2019 2/2 Having heard 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 District Magistrate, Aurangabad 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 Bench of this Court. The confiscation proceeding itself is a futile exercise because there is no recovery of liquor.

With this observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.04.2019 Transmission Date NA