Mani Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3365 of 2019 ====================================================== Mani Kumar Son of Dalip Mandal @ Dilip Mahto resident of VillageRamna Tola, P.S. Basnahi, District- Saharsa, at present BSES SAB/ Station Janta Flat, Group No.1, Pocket C HASTSAL, Uttamnagar, West Delhi, Delhi. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through Chief Secretary, Old Secretariat, Bihar, Patna.

2.

The Principal Secretary, Excise Department Government of Bihar, Patna. 3.

The Commissioner, Saharsa.

4.

The Collector, Saharsa.

5.

The Superintendent of Police ,Saharsa 6.

The District Transport Officer, Saharsa.

7.

The Excise Superintendent, Saharsa.

8.

The Station House Officer, Basnahi Police Station District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Adv.

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 : 28-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner prays for provisional release of the Motorcyle (Hero Passion Pro) bearing Registration No. DL1SZ1272, Engine No. HA10EVFHF17728, Chasis No. MBLHA10BSFHF17188 which has been seized in connection with Basnahi P.S. Case No. 45 of 2018 for the offence punishable under Section 30(a), 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.

2/4 It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle in question is lying under the open sky in the police station. The seizure list reflects the seizure of 86.250 litres of country made liquor. Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the Collector, Saharsa with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, shall also furnish the following affidavits/undertakings:

(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future:

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding, if any, and shall not alienate the vehicle during this period.

3/4 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the Collector, Saharsa wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future, if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

The release shall be allowed within a period of 14 days from the date of submission of the one surety along with the Bank Guarantee and the undertakings as stated above. This release, however, would be subject to the final order passed in the confiscation proceeding.

With the observations, this writ petition is allowed. (Jyoti Saran, J) ( Arvind Srivastava, J) brajesh/- AFR/NAFR CAV DATE Uploading Date Transmission Date

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