Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9841 of 2019 ====================================================== Pappu Chaudhary, aged about 29 years, male, S/o Late Suresh Chaudhary Vill.- Tungi, Tola- Chakpar, P.s.- Hisua, Distt.- Nawada ... ... Petitioner

Versus

1.

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

The District Magistrate Nawada 3.

The Superintendent of Police Nawada 4.

The Excise Superintendent Nawada 5.

The S.H.O. Hisua P.S., Nawada 6.

Dilip Kumar Singh S.I. of Police, Hisua P.S., Distt.-Nawada ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Man Mohan Kumar For the Respondent/s :

Mr. Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-05-2019 While waiving of the defect, as pointed out by the office, we take up the matter for consideration on merits with the consent of the parties.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the motorcycle bearing registration No. BR27A8047, which has been seized in connection with Hisua P.S. Case No. 207/2017 for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.9841 of 2019 dt.01-05-2019 2/3 It is stated by learned counsel for the petitioner that 38.5 litres of country made liquor has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 38.5 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 confiscating authority i.e. District Magistrate, Nawadah with two sureties (one local) to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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 further.

(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 and shall not alienate the vehicle during this period.

Patna High Court CWJC No.9841 of 2019 dt.01-05-2019 3/3 (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 prepared by the Confiscating Authority 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 sureties and the undertakings as stated above, which would however be subject to finalization of the confiscation proceeding, if any.

With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2019 Transmission Date NA