Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6457 of 2019 ====================================================== Vikash Kumar, aged about 28 years (Male), Son of Ramchandra Prasad, R/O Village-Maniochak, P.S-Roh, District-Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

Principal Secretary, Home, Bihar, Patna 3.

Excise Commissioner, Bihar, Patna 4.

D.M, Nawada, Bihar 5.

S.P., Nawada 6.

S.H.O, Govindpur P.S, Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rina Sinha, Advocate 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 : 10-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Apache Motor Cycle bearing registration No. BR-27K- 0183,

Patna High Court CWJC No.6457 of 2019 dt.10-05-2019 2/3 which has been seized in connection with Govindpur P.S. Case No. 142 of 2018 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is of escorting a liquor loaded in a Car and in such condition, the vehicle has been seized. Undisputedly, there is no recovery from the Motorcycle as it is also confirmed from the seizure list. Having heard learned counsel for the parties and taking note of the legal positions 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.

Patna High Court CWJC No.6457 of 2019 dt.10-05-2019 3/3 With this observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20-05-2019 Transmission Date N/A