Gulab Kumar Thakur v. The State Of Bihar, Through Secretary, Prohibition, Excise And Registration Department, Government

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1327 of 2018 Arising Out of PS. Case No.-162 Year-2017 Thana- SARAI RANJAN District- Samastipur ====================================================== Gulab Kumar Thakur, S/o Ravindra Kumar Thakur, Resident of VillageTishwara, P.S.- Harilochanpur, P.S.- Sarairanjan, Distt.- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar, through Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

2. The District Magistrate, Samastipur.

3. The Superintendent of Excise, Samastipur.

4. The Superintendent of Police, Samastipur.

5. The S.H.O. Sarairanjan Police Station, Distt.- Samastipur.

6. The Investigation Officer of Sarairanjan, P.S. Case No. 162/2017 Distt.- Samastipur.

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Respondent/s :

Mr. Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Hero Hunk Motorcycle bearing temporary Reg. No. BR33 T 8646 Chasis No. MBLKC13ELHHA0032 Engine No. KCI 13 GHHA00018, which has been seized by the police in connection with Sarairanjan P.S. Case No. 162 of 2017, DistrictSamastipur for the offence under Section 30(a) (38 (1) (41 (1) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 180 ml. of illicit liquor have been recovered from the vehicle in question.

Patna High Court Cr. WJC No.1327 of 2018(2) dt.25-07-2018 2/2 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.

In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being less than one liter, this Court would direct release of the vehicle in question on furnishing two sureties for the value of the vehicle in question as indicated in the insurance document. Apart from the above, the petitioner shall be obliged to submit an undertaking before the District Magistrate, Samastipur that during the pendency of the confiscation proceeding he would not deal with the vehicle in question and shall not create any kind of encumbrance whatsoever and no third party right or interest shall be created. He would also undertake to produce the vehicle in question as and when required by the authority concerned.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) avin/- U T