Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7396 of 2019 ====================================================== Sunil Kumar, Son of Dinesh Ray, Resident of Village- Magil, P.S-Bidipur, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Bihar, Patna. 2.

The Collector, Vaishali.

3.

The Officer Incharge, Gaya Bridge, Police Station, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Respondent/s :

AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 16-05-2019 Leave is granted to the learned counsel appearing for the petitioner to correct the name of P.S. Case in paragraph no.1 and other places of the writ petition.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the TVS Apache RTR0160 motorcycle bearing registration No. BHR31C9000 Engine No.

DE4LG2099268, Chasis No.

MD634KE46G2L52709, which has been seized in connection with Ganga Bridge P.S. Case No.151 of 2017, District- Vaishali for the offences punishable under section 30(A) of the Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that 19.395 litres of Indian Made Foreign Liquor has been seized; the

Patna High Court CWJC No.7396 of 2019 dt.16-05-2019 2/3 confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 19.395 litres of Indian Made Foreign Liquor.

Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, 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 two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties 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 further.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding 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 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

Patna High Court CWJC No.7396 of 2019 dt.16-05-2019 3/3 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 submission of the sureties and the undertakings as stated above, which would however be subject to initiation and finalization of the confiscation proceeding, if any. With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.06.2019 Transmission Date NA