Balindar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7234 of 2019 ====================================================== Balindar Rai, aged about 56 years (M), son of Menthur Rai resident of Mohalla- Kurmaniya Tikuliya, P.S.- Adapur, District- East Champaran. ... ... Petitioner

Versus

1.

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

The Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Collector-Cum District Magistrate, East Champaran, Motihari. 4.

The Superintendent of Police, East Champaran, Motihari. 5.

The Superintendent of Excise, East Champaran, Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Respondent/s :

Mr. Vivek Prasad ( Gp7 ) ====================================================== 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 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Hero Passion Pro motorcycle bearing registration No. BR05R5494, which has been seized in connection with Chhauradano P.S. Case No. 16/2018 for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Learned counsel for the petitioner submits that since the vehicle in question was standing by the side of the car from which liquor was recovered, that on suspicion it has been seized.

Patna High Court CWJC No.7234 of 2019 dt.16-05-2019 2/2 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 week 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 motorcycle in question.

Since nothing has been recovered from the motorcycle, 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 the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.06.2019 Transmission Date NA