Raju Babu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7369 of 2019 ====================================================== Raja Babu Patel, Son of Vimleshwar Chaudhari, R/o Ward No. 6, Garh Nokha, P.S. Nokha, District- Rohtas.

... ... Petitioner/s

Versus

1.

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

The Collector Cum District Magistrate, Rohtas. 3.

The Superintendent of Excise, Rohtas.

4.

The Superintendent of Police, Rohtas.

5.

The Officer-in-Charge, Sanjholi, P.S. District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Respondent/s :

Mr. Kumar Manish, SC-5 ====================================================== 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 As prayed, leave is granted to the learned counsel for the petitioner to correct the name of the petitioner in the Court's pleadings as well as in the pleadings of the State during the course of the day.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Motor Car of Hundai India Saloon bearing registration No. BR2J-5450, Engine No. G4LA8M047093, Chasis No. A3AN51CR8M205655, which has been seized in connection with Sanjholi P.S. Case No.65 of 2018, District Rohtas for the offences punishable under sections

Patna High Court CWJC No.7369 of 2019 dt.16-05-2019 2/3 272 and 273 of the Indian Penal Code and Section 30(a)/32(c) of the Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that 540 ml. of Indian Made Foreign Liquor has been seized; the 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 motor car of Hundai Company and 540 ml. of Indian Made Foreign 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 Collector cum District Magistrate, Rohtas at Sasaram 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.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the Collector cum District Magistrate, Rohtas at

Patna High Court CWJC No.7369 of 2019 dt.16-05-2019 3/3 Sasaram 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.

With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.05.2019 Transmission Date NA