Abhishek Sahay @ Abhishek @ Bikku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10164 of 2019 ====================================================== Abhishek Sahay @ Abhishek @ Bikku S/o Vedpurari @ Devpurari Sahay, Resident of Planko Shanti Awas, A Block, Flat No. 301, Boring Road, Pani Tanki More, Opposite Kamini Centre, P.S.- Patliputra, District- Patna at present H.no. 12, Lal Bahadur Shastri Marg, P.S.- Shastri Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The S.H.O. Patliputra Police Station, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samrendra Kumar Jha 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 : 05-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is owner of Bajaj Pulsar Motorcycle and prays for provisional release of his vehicle bearing registration No. JH01AB5001 which has been seized in connection with Patliputra P.S. Case No. 392 of 2017 for the offences punishable under Sections 30(a) and 37(a)(b) of the Bihar Prohibition and Excise Act, 2016. Recovery of 3.75 litres of IMFL has been made from the bag of the petitioner, which was on his back and in such condition, the motorcycle has been seized. Undisputedly, there is no recovery from the motorcycle as it is also confirmed from the seizure list.

Patna High Court CWJC No.10164 of 2019 dt.05-08-2019 2/2 Having heard learned counsel for the parties and taking note of the legal positions 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 motorcycle in question.

Since nothing has been recovered from the motorcycle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court.

With the observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Partha Sarthy, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.8.19 Transmission Date NA