Amarkant Paswan, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11553 of 2019 ====================================================== Amarkant Paswan, Son of Vishwanath Paswan, Resident of VillageKahtarawa, P.S. Sheohar, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Collector-cum- District Magistrate, Muzaffarpur. 5.

The Superintendent of Police, Muzaffarpur.

6.

The Excise Superintendent, Muzaffarpur.

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Respondent/s :

Mr.Vivek Prasad ( GP7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 22-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for provisional release of Splendor Pro Motorcycle bearing Registration No. BR-33S4674, Chassis No. MBLHA10BFFHJ65255, Engine No. HA10ERFHJ80318, which has been seized in connection with Minapur P.S. Case No. 183 of 2018 for the offences punishable under Sections 414, 272 and 273 of the Indian Penal Code and Sections 30(a), 38, 41 and 48 of Bihar Prohibition and Excise Act, 2016.

It is stated by learned counsel for the petitioner that

Patna High Court CWJC No.11553 of 2019 dt.22-08-2019 2/3 180 ml. of IMFL has been seized; the 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 said motorcycle and 180 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, Muzaffarpur 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

Patna High Court CWJC No.11553 of 2019 dt.22-08-2019 3/3 the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate, Muzaffarpur 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 initiation and finalization of the confiscation proceeding if any.

With the observations, this writ petition is allowed. (Shivaji Pandey, J) ( Partha Sarthy, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 29.08.2019 Transmission Date N.A.