Deelip Kumar Gupta @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9960 of 2019 ====================================================== Deelip Kumar Gupta @ Dilip Kumar S/o Ramashray Sah Resident of Vill. and P.O. Phulwariya,P.S. Phulwariya,Dist.-Gopalganj ... ... Petitioner/s

Versus

1.

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

The Collector-cum-District Magistrate, Gopalganj 3.

The Superintendent of Police, Gopalganj 4.

The S.H.O.,Phulwariya Police Station,Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Choudhary 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 PARTHA SARTHY) Date : 01-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is owner of Bolero jeep and prays for provisional release of his vehicle bearing Registration No. BR28L8975 which has been seized in connection with Phulwariya P.S. Case No. 49 of 2019 for the offences punishable under Sections 279, 337 and 34 of the Indian Penal Code and Section 30(a) and 37(c) of Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that

Patna High Court CWJC No.9960 of 2019 dt.01-08-2019 2/3 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 vehicle and 200 ml. 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 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 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.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and

Patna High Court CWJC No.9960 of 2019 dt.01-08-2019 3/3 when required.

(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. This release would however, be subject to finalization of the confiscation proceeding if any. With the observations, this writ petition is allowed. (Jyoti Saran, J) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.08.2019 Transmission Date NA