Dinesh Prasad v. The State Of Bihar Through The Principal Secretary, Home Deptt. Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.437 of 2018 ====================================================== Dinesh Prasad, S/o Bhrigu Nath Prasad, R/o Vill.- Chandauli, P.O.- Patar, P.S.- Raghunathpur, Distt.- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Deptt. Govt. of Bihar.

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan.

4. The Officer In Charge Balia P.S., Raghunathpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Respondent/s : Mr. Md. N. H. Khan(SC-I) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Pick-up Van bearing Reg. No. UP-35B-6957, which has been seized by the police in connection with Raghunathpur P.S. Case No.154 of 2017, District-Siwan for the offence under Sections 379/411/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act. It is alleged that the vehicle in question was carrying rice illegally.

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

Patna High Court Cr. WJC No.437 of 2018 (2) dt.25-04-2018 vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle (not the rice) of the petitioner 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) Petitioner shall furnish surety bond of Rs.4,00,000/- (four lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Siwan/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

Patna High Court Cr. WJC No.437 of 2018 (2) dt.25-04-2018 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 shall undertake 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