Vinay Kumar Mishra @ Vinay Mishra v. The State Of Bihar Through The Principal Secretary Department Of Excise Govt. Of Bihar Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2847 of 2017 ====================================================== Vinay Kumar Mishra @ Vinay Mishra S/o Nagendra Mishra, R/o VillageMahammadpur Damodar , P.S.- Sakra, Distt.- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar Through The Principal Secretary Department of Excise Govt. of Bihar Patna.

2. The Distt. Magistrate Muzaffarpur.

3. The Senior Superintendent of Police Muzaffarpur.

4. The Officer In Charge Police Station Mushahri. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Respondent/s : Mr. Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

06-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

This application has been filed for release of the pick-up Van bearing registration No. BR-31GA-1164 in connection with Mushahari P.S. Case No. 171/2016 for the offences under Sections 272 & 273 of the Indian Penal Code and Section 30(a), 36, 38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the vehicle in question has been seized in connection with the aforesaid case and the allegation is that it was carrying 463 litres of illicit liquor. A confiscation proceeding is said to have been initiated but no final order

Patna High Court Cr. WJC No.2847 of 2017 (2) dt.06-02-2018 has been passed in the said case.

Learned counsel for the petitioner relies upon a Division Bench order of this Court in L.P.A. No. 1647 of 2015 and order dated 29.08.2017 passed in Cr.W.J.C. No. 1289 of 2017 by a co-ordinate Bench of this Court and submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court.

Learned counsel for the State is present.

Let the vehicle, if belongs to the petitioner, be released provisionally within a period of three days on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) in form of Bank guarantee or the original title deed of an immovable property lying within the jurisdiction of the court or any other security of like nature to the satisfaction of the learned Court below or the Collector cum District Magistrate, Muzaffarpur, as the case may be. (ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal

Patna High Court Cr. WJC No.2847 of 2017 (2) dt.06-02-2018 with them adverse to the interest of the State and shall produce the vehicle before the court below and/or the Collector-cum-District Magistrate, Muzaffarpur, as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

This application is, accordingly, disposed off. (Rajeev Ranjan Prasad, J.) Rajeev/- U T