Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7922 of 2019 ====================================================== Sonu Kumar Son of Munni Yadav @ Munni Lal Yadav, Resident of VillageNurudinpur, P.S. Punpun, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department Bihar, Patna.
2.
The Director General of Police Bihar, Patna.
3.
The Excise Commissioner, Bihar Prohibition and Excise Act, 2016. 4.
The Inspector General of Police. Bihar, Patna. 5.
The District Magistrate, District- Patna, Bihar. 6.
The Senior Superintendent of Police, District- Patna, Bihar. 7.
The Superintendent of Police, Excise, District- Patna, Bihar. 8.
The Officer-In-Charge of Punpun Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satrudhan Kumar For the Respondent/s :
Mr.Anil Kr. Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 05-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is owner of the Tempo and prays for provisional release of his vehicle bearing Registration No. BR01PF3178 which has been seized in connection with Punpun P.S. Case No. 120 of 2018 for the offences punishable under Section 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.7922 of 2019 dt.05-08-2019 2/3 It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the vehicle and 30 litres of Mahua 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 pending, 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 District Magistrate, Patna 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 future.
(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
Patna High Court CWJC No.7922 of 2019 dt.05-08-2019 3/3 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 District Magistrate, Patna 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 submission of the sureties and the undertakings as stated above. This release would however, be subject to finalization of the confiscation proceeding if any. With the observations, this writ petition is allowed. (Jyoti Saran, J) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.8.19 Transmission Date NA