Satya Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7133 of 2019 ====================================================== Satya Prakash Son of Ajay Saw Resident of Village- Simra, P.S.- Parsa Bazar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Excise Department, New Secretariat, Patna.

2.

The Principal Secretary Excise Department, Government of Bihar New Secretariat, Patna.

3.

The District Magistrate Patna.

4.

The Superintendent of Police Patna.

5.

The Officer-in- Charge Paliganj Police Station, district- Patna. 6.

The Investigation Officer of Paliganj P.S. Case No. 16/19 dated 11.01.2019, P.S.- Paliganj, district- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar 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 : 17-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed seeking provisional release of the vehicle (Motorcycle, Hero Glamour Fi) bearing Registration No. BR-01-DU8188, Engine No. JAO6EGJ9FOO 815, Chassis No. MBLJASO17J9FOO761 seized in connection with Paliganj P.S. Case No. 16 of 2019, Special Case No. 462 of 2019 registered under Section 273 of Indian Penal Code and under Section 2/(E)/3/5/18 of the Bihar Prohibition & Excise Act, 2016.

Patna High Court CWJC No.7133 of 2019 dt.17-05-2019 2/2 Learned counsel for the petitioner submits Mahua flower was recovered from a vehicle but not from the motorcycle in question. It is submitted that no confiscation proceeding is pending in respect of the vehicle in question. Considering the facts and circumstances of the case and also the judgment of the Hon'ble Division Bench 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, the court below is directed to release the vehicle in question forthwith in favour of the petitioner within a week after submission of the document showing the ownership of the vehicle and registration certificate in the name of petitioner.

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. The writ petition is allowed with directions above. (Jyoti Saran, J) ( Anjani Kumar Sharan, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.05.