Mukesh Kumar, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9160 of 2019 ====================================================== Mukesh Kumar, aged about 23 years, S/o Bashisht Singh, R/o Bandhu Bigha, Ram Nagar, P.S.- Obra, District- Aurangabad.
... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary, State of Bihar, Patna. 2.
The District Magistrate, Patna.
3.
The Superintendent of Excise Department, Patna. 4.
The Station House Officer, Patliputra Thana (P.S.), Patna. 5.
The Officer-In-charge, Patliputra Police Station, Patna. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Respondent/s :
Mr. Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 15-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner prays for provisional release of the Bajaj Pulsar 220 motorcycle bearing registration No. BR-26K-8670, which has been seized in connection with Special Case No. 4604/2018 arising with Patliputra P.S.Case No. 191/2018 for the offences punishable under sections 30(a), 38(1), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016.
It is stated by learned counsel for the petitioner that 1.5 litres of IMFL has been seized; the confiscation proceeding is yet
Patna High Court CWJC No.9160 of 2019 dt.15-07-2019 2/3 to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 1.5 litres of IMFL.
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 yet to be initiated, 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 designated court below 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 future.
(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.
Patna High Court CWJC No.9160 of 2019 dt.15-07-2019 3/3 (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 designated court below 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 initiation and finalization of the confiscation proceeding, if any. With the observations above, this writ petition is allowed.
(Jyoti Saran, J) ( Partha Sarthy, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.07.2019 Transmission Date NA