Anjum Ara v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2649 of 2017 ======================================================

1. Anjum Ara W/o Khurshid Amzad D/o Sarfaraj Ansari, R/o Mandai, Dargah Road, P.S.- Sultanganj, Post Office- Mahendru, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector , Patna.

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Police, Patna.

5. The Sub Divisional Police Officer, Patna City.

6. The Station House Officer, Pirbahore, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Respondent/s : Mr. Partha Sarthy (GA 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Scooty bearing Reg.No.JH01CF8544 which has been seized by the police in connection with Pirbahore P.S. Case No.223 of 2017 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in which petitioner is not an accused. Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

Patna High Court Cr. WJC No.2649 of 2017 (2) dt.30-01-2018 Let the vehicle of the petitioner be provisionally released on production of proof of ownership and registration of the vehicle in her 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 she 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, she will not use the vehicle for any illegal purpose and as and when required, she 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

Patna High Court Cr. WJC No.2649 of 2017 (2) dt.30-01-2018 which may be used as secondary evidence.

(iv) Petitioner undertakes not to challenge the said photograph and panchnama so prepared in her 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