Anil Kumar @ Anil Kumar Been v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7210 of 2019 ====================================================== Anil Kumar @ Anil Kumar Been male, age- 47 years, S/o Kailash Been, R/o Village- Tiwari Matihiniya, P.S.- Bishambharpur, District- Gopalganj (Bihar). ... ... Petitioner
Versus
1.
The State of Bihar through Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.
2.
The District Magistrate, Gopalganj.
3.
The Superintendent of Police, Gopalganj.
4.
The District Supply Officer, Gopalganj.
5.
The S.H.O., Bishambharpur Gopalganj, District- Gopalganj. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Singh, Adv.
For the Respondent/s :
Mr. Anil Kumar Sinha, 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 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the motorcycle bearing registration No. BR28D 5979, which has been seized in connection with Bishambharpur P.S. Case No. 27/18 for the offences punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. It is stated by learned counsel for the petitioner that 200 ml of country made liquor has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky
Patna High Court CWJC No.7210 of 2019 dt.16-05-2019 2/3 in the police station. The seizure list supports the seizure of the motorcycle and 200 ml of country made 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, Gopalganj 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.
Patna High Court CWJC No.7210 of 2019 dt.16-05-2019 3/3 (iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate, Gopalganj 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 finalization of the confiscation proceeding, if any.
With the observations above, this writ petition is allowed.
(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Anjula/Surendra AFR/NAFR NAFR CAV DATE NA Uploading Date 07.06.2019 Transmission Date NA