Asha Kumari v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Old Sec

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.292 of 2018 ====================================================== Asha Kumari W/o Bishwanath Rajak, R/o Mohalla- New Sabajpura, Danapur Cum Khagaul, B.M.P.-16, P.S.- Phulwari Sharif, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Excise Department, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Deputy Superintendent of Police, Danapur, Patna.

5. The Officer in Charge of Phulwari Sharif P.S., District- Patna.

6. The Investigating Officer, Assitant Sub-Inspector of Police, Phulwari Sharif P.S., District- Patna.

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

For the Petitioner/s : Mr. Gyanendra Kumar Singh For the Respondent/s : Mr. Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle I20 Car bearing Reg.No.BR-01CL-4533, which has been seized by the police in connection with Phulwarisharif P.S. Case No.842 of 2017, District-Patna for the offence under Sections 279 and 337 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that no illicit liquor has been recovered from the vehicle in question. He

Patna High Court Cr. WJC No.292 of 2018 (2) dt.16-02-2018 further 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. In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, 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.5,00,000/- (five lakhs) (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.

Patna High Court Cr. WJC No.292 of 2018 (2) dt.16-02-2018 (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) 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