Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9672 of 2019 ====================================================== Vivek Kumar, aged about 27 years, Gender Male, Son of Nagendra Singh, Resident of Village- Dudhi Tola Maharajganj, P.S.- Maharajganj, DistrictSiwan. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate, District- Siwan.

3.

The Superintendent of Police, District- Siwan. 4.

The Officer-in-Charge, Maharajganj Police Station, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Respondent/s :

Mr. Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) Date : 22-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Passion Pro Motorbike bearing registration No. BR 29AC 5315, Engine No.

HA10ACHHH02494, Chasis No.

MBLHAR186HHH57560, which has been seized in connection with Maharajganj P.S. Case No. 121/2018 for the offences punishable under sections 272, 273, 308 and 420 of the Indian Penal Code and section 41(i) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.9672 of 2019 dt.22-07-2019 2/2 It is stated by learned counsel for the petitioner that no recovery was made from the motorcycle in question rather simply because there was some recovery of liquor from the pick up van of a co-accused that while seizing the said vehicle, the motorcycle has also been seized on suspicion. He further submits that the confiscation proceeding is yet to be initiated. Learned counsel for the State is not in a position to contest the submission of learned counsel for the petitioner. Having heard learned counsel for the parties and considering the fact that no recovery was made from the motorcycle in question, we direct that the vehicle in question be released within a fortnight in favour of the petitioner on production of ownership and registration papers with respect to the vehicle in question in his name before the designated court below. With the observations above, this writ petition is allowed.

(Jyoti Saran, J) ( Partha Sarthy, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.08.2019 Transmission Date NA