Vibhakar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4571 of 2019 ====================================================== Vibhakar Kumar, S/o Permanand Sah, Resident of Amarpur Dhobi Tola, PS.- Amarpur, District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Food and Consumer Protection Department Bihar Patna 2.

The Collector, Banka 3.

The Block Supply Officer, Amarpur, Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-03-2019 This writ application has been preferred for a direction to the respondents to release Pickup Van bearing Reg.No.BR-10G-8435, which has been seized in connection with Amarpur P.S. Case No.112 of 2018 registered under Section 7 of the Essential Commodities Act and Sections 419, 420 and 120B of the Indian Penal Code.

Learned counsel representing the petitioner submits that the Pickup Van was carrying rice which is not a controlled item. It is further submitted that in similar matters the Hon'ble Division Bench has taken a view wherein the vehicles have been ordered to be released provisionally on certain terms and conditions. It is submitted that in the present case also the vehicle is lying under open sky for last more than one year and

Patna High Court CWJC No.4571 of 2019(2) dt.15-03-2019 2/3 if it is not allowed to be provisionally released, it may lose its road worthiness over the period which is not going to help any gain on the part of the State. Learned counsel further submits that a confiscation proceeding being Confiscation Case No.57 of 2018-19 has also been initiated.

Learned counsel for the State is present and has opposed the application for provisional release. Having considered the rival submissions at the bar and on going through the records, this Court finds that the vehicle in question was intercepted while it was carrying 80 bags containing rice. In several such cases, the Hon'ble Division Bench of this Court has directed provisional release of vehicle and there is no reason as to why similar view would not be taken in the matter.

Keeping in mind the aforesaid aspects, this Court directs provisional release of the vehicle in question on the petitioner furnishing documents of ownership and registration with two surety bonds to the extent of the value of vehicle as indicated in insurance document to the satisfaction of the District Magistrate-cum-Collector, Banka, where the confiscation proceeding is said to be pending. The petitioner shall also furnish an undertaking that he will produce the vehicle

Patna High Court CWJC No.4571 of 2019(2) dt.15-03-2019 3/3 as and when required by the authority concerned and shall not encumber the same in any manner whatsoever by creating any third party right. The petitioner shall not prejudice the right of the State. The vehicle in question shall be released within one week from the date of submission of the surety bonds. The writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) arvind/- U