Akhilesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5386 of 2019 ====================================================== Akhilesh Kumar, age-40 years (M), S/o Ram Khelawan Singh Vill.- Beldar Bigha, Ps.- Khodaganj, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

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

2.

The Collector cum District Magistrate, Patna 3.

The superintendent of Police, Patna 4.

The Officer In-Charge, Malsalami police station, Patna 5.

The Excise Officer, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra 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 : 10-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for provisional release of the Truck bearing registration No. BR01GD-8593, which has been seized in connection with Malsalami P.S. Case No. 223 of 2018 (Special Case No. 5506 of 2018) for the offences punishable under section 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

Patna High Court CWJC No.5386 of 2019 dt.10-04-2019 2/2 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 a fortnight, 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 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 this observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2019 Transmission Date NA