Rameshwar Kumar v. The State Of Bihar Through The Principal Secretary, Excise Department Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1566 of 2017 ====================================================== Rameshwar Kumar son of Ram Pravesh Mahto, Resident of VillageBajitpur, Police Station- Madhuban, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Excise Department Govt. of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Motorcycle Passion-Pro bearing Reg. No. BR06AL-1691 which has been seized by the police in connection with Minapur P.S. Case No.65 of 2017, District-Muzaffarpur for the offence under Sections 272 and 273 of the I.P.C. and Sections 37 and 48 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that no illicit liquor has been found in the vehicle in question. The brother of this petitioner was allegedly driving the vehicle in intoxicated condition.

In the facts and circumstances, let the vehicle of the

Patna High Court Cr. WJC No.1566 of 2017 (2) dt.19-01-2018 petitioner be released provisionally on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.50,000/- (fifty thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of court below or the authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

Patna High Court Cr. WJC No.1566 of 2017 (2) dt.19-01-2018 (iv) Petitioner undertakes not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T