Sunila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9556 of 2019 ====================================================== Sunila Devi Wife of Birendra Paswan R/o Village-Noneya Kodar, P.S.- Paharpur, District-East Champaran ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Excise Department, Government of Bihar, Patna 3.

The District Magistrate East Champaran at Motihari 4.

The Superintendent of Police East Champaran at Motihari 5.

The Thana Incharge, Paharpur Police Station East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Tiwari For the Respondent/s :

Mr.(Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 18-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Hero HF Deluxe Self i35 BSivBBK motorcycle bearing Engine No. HA11ENJHK02877 and Chassis No. MBLHAR236JHK02193 which has been seized in connection with Paharpur Case No. 52 of 2019 for the offence punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that the motorcycle in question had been given to her neighbour who was caught with 4.500 litres of Spirit leading to institution of

Patna High Court CWJC No.9556 of 2019 dt.18-07-2019 2/3 Paharpur P.S. Case No. 52 of 2019. The 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 4.500 litres of Sprit.

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 her 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 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.

Patna High Court CWJC No.9556 of 2019 dt.18-07-2019 3/3 (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 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) ( Partha Sarthy, J) Prakash/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date