Chotu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5317 of 2019 ====================================================== Chotu Kumar (Male), aged about 24 years, Son of Gaya Saw @ Gya Saw, Resident of Village- Fatehpur, Post- Gordiha, Police Station- Anti, DistrictGaya. ... ... Petitioner/s

Versus

1.

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

The District Magistrate-cum-Collector, Gaya.

3.

The Senior Superintendent of Police, Gaya.

4.

The Excise Superintendent, Gaya.

5.

The Officer-in-Charge, Sherghatti (Dobhi) Police Station, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 09-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner prays for provisional release of the Bolero Pick Up bearing Registration No. BR-26H-5105, Engine No. GHE1M72635, Chasis No. MA1ZN2GHKF1A10564, which has been seized in connection with Sherghatti (Dobhi) P.S. Case No. 513 of 2016 for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act.

2/4 It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying in the police station. The seizure list reflects the seizure of 51.225 liters of IMFL.

Having heard learned counsel for the parties and taking note of the nature of seizure made, 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 designated Court below 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

3/4 the pendency of the confiscation proceeding, if any, and shall not alienate the vehicle during this period.

(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 designated Court below, 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release would, however, be subject to initiation and finalisation of the confiscation proceeding. The title deed papers shall remain in safe custody of the designated Court below subject to final decision in the

4/4 confiscation proceedings.

With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Nasimul/Manish AFR/NAFR NAFR CAV DATE N/A Uploading Date 16-04-2019 Transmission Date N/A