Shrawan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8758 of 2019 ====================================================== Shrawan Sharma S/o Late Bhikhari Sharma Vill.- Ram Nagar, P.O.- Sedhan, P.S.- Tarari, Distt.- Bhojpur, Ara ... ... Petitioner/s

Versus

1.

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

The District Magistrate Rohtas (Sasaram) 3.

The Superintendent of Police Rohtas (Sasaram) 4.

The Excise Officer Rohtas (Sasaram) 5.

The A.S.I. of Parsathua (O.P.) Kochas Police Station, Distt.- Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr.Kumar Manish ( Sc5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 09-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Platina Bajaj Motorcycle bearing registration No. BR03Z2226, Chassis No. MD2A76AY2JRG65872 Engine No.

PFYRJG94286, which has been seized in connection with Kochas (Parsathua O.P) P.S. Case No. 207 of 2018 for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.8758 of 2019 dt.09-07-2019 2/3 Counsel for the petitioner submits that a plain look at seizure list which accompanies the FIR, would show that there is no recovery from the motorcycle in question rather about 800 ml. of IMFL was recovered from the possession of the three persons, who were riding the motorcycle. Undisputedly, there is no recovery from the vehicle which is also confirmed from the seizure list.

Having heard learned counsel for the parties and taking note of the legal position 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 vehicle in question.

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.

Patna High Court CWJC No.8758 of 2019 dt.09-07-2019 3/3 With this observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Partha Sarthy, J) Prakash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.07.2019 Transmission Date NA