Manish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5945 of 2019 ====================================================== Manish Kumar, Son of Pramod Singh, Resident of Mohalla- D/162, Gali No.19, Dashrathpuri, South West Delhi- 110045, P.S.- Kishanganj, DistrictKishanganj. ... ... Petitioner/s

Versus

1.

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

The District Magistrate cum Collector, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Superintendent of Police, Excise, Patna 5.

The S.H.O. of Jakkanpur, Police Station, Patna. 6.

The Investigating Officer, Jakkanpur P.S. (Patna) Case No. 257/2018. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 22-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Honda Accord Car bearing Registration No.DL3CAJ-4816, which has been seized in connection with Jakkanpur P.S. Case No.257 of 2018 (District- Patna) corresponding to Special Case No.5678 of 2018 for the offences punishable under sections 323, 341, 387 and 504 of the Indian Penal Code, section 37(c) of the Bihar Prohibition and Excise Act, 2016 and sections 25(1-b) a/35 of the Arms Act.

Patna High Court CWJC No.5945 of 2019 dt.22-04-2019 2/2 The allegation against the petitioner is of drunken driving and in such condition, the vehicle has been seized. Undauntedly, there is no recovery from the vehicle as it is also confirmed from the seizure list.

Having heard learned counsel for the parties and taking note of the legal position 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 14 days 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 designated court below as 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. With the observation above, this writ petition is allowed. (Jyoti Saran, J) ( Anjani Kumar Sharan, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.05.2019 Transmission Date NA