Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10996 of 2019 ====================================================== Krishna Prasad, aged about 43 years, Male, S/o Premdhar Rai @ Premdhar Prasad Resident of Village-Madhopur Jamuniya Tola,P.S. Maner,Dist.-Patna ... ... Petitioner

Versus

1.

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

The Collector-cum-District Magistrate, Patna,Dist.Patna 3.

The Senior Superintendent of Police, Patna,Dist.Patna 4.

The Officer In-Charge of Bakhtiyarpur Police Station, Dist.-Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date : 23-05-2019 Heard learned counsel appearing for the petitioner as well as learned counsel for the State and perused the record. One Bolero vehicle bearing Registration No. BR 01 PJ 2793 was seized in connection with Bakhtiyarpur P.S. Case No. 366 of 2018 under the provisions of Bihar Excise Act when one bottle containing 100 ML. liquor was recovered from the aforesaid vehicle.

The petitioner claims himself to be owner of the aforesaid vehicle and in support of his claim he has filed photostat copy of certificate of registration which has been annexed as Annexure-3 to this petition.

Patna High Court CWJC No.10996 of 2019 dt.23-05-2019 2/2 The confiscation proceeding in respect of the aforesaid vehicle was initiated vide Confiscation Case No. 2672/2018-19 but after full fledged enquiry the competent officer dropped the proceeding in respect of the above stated seized vehicle vide order dated 26.03.2019.

In view of the aforesaid facts as well as taking note of submissions of the parties, it is ordered that above stated Bolero vehicle bearing Registration No. BR 01 PJ 2793 be released in favour of the petitioner on execution of sureties bond of rupees Ten Lacs with two sureties of the like amount each, subject to condition that the petitioner shall not dispose of the said vehicle without prior permission of the court till final disposal of Bakhtiyarpur P.S. Case No. 366 of 2018 and shall produce the aforesaid vehicle when and whereever it is required by the concerned court.

In the aforesaid manner, this writ petition stands disposed of.

(Hemant Kumar Srivastava, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24.05.2019 Transmission Date N.A.