Rahul Kumar @ Rahul Kumar Singh v. The State Of Bihar Through The Principal Secretary, Prohibition And Excise Department, Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1664 of 2018 ===================================== Rahul Kumar @ Rahul Kumar Singh, S/o Sri Satrudhan Singh, R/o Vill.- Madanbigha, P.S.- Salaiya, DistrictAurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Prohibition and Excise Department, Patna.

2. The District Magistrate, Gaya.

3. The Superintendent of Police, Gaya.

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Adv. For the Respondent/s : Mr. Kumar Manish (SC-5) ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-07-2018 The petitioner seeks release of his two-wheeler motorcycle, bearing Reg. No. BR-02-AF-6239, which has been seized in connection with Bodhgaya P.S. Case No. 202 of 2018, dated 31.03.2018, instituted under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that he is ready and willing to abide by the terms and conditions which may be imposed by this Court for the provisional

Patna High Court Cr. WJC No.1664 of 2018 (2) dt.24-07-2018 2/3 release of the vehicle in question.

The provisions under Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 relating to confiscation is under challenge and the matter is pending consideration before a larger Bench in Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.). In that view of the matter, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner in question be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner, subject to the following conditions:- (i) The petitioner shall furnish surety bond (not in form of a bank guarantee or cash) for the value of the vehicle in question as indicated in the insurance document with two sureties of the like amount to the satisfaction of the to the satisfaction of the District Magistrate, Gaya/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

Patna High Court Cr. WJC No.1664 of 2018 (2) dt.24-07-2018 3/3 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.

(iv) The petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of the vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

This order shall, however, be subject to the result of Cr. W.J.C. No. 2446 of 2017.

The application is, accordingly, allowed.

(Ashutosh Kumar, J) Praveen-II/- U T