Ram Pravesh Yadav v. The State Of Bihar Through Director General Of Police Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1500 of 2018 ====================================================== Ram Pravesh Yadav son of Gayani Yadav, resident of Village- Jarahara, P.O.- Moratal, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through Director General of Police Government of Bihar, Patna.

2. The Director General of Police, Government of Bihar, Patna.

3. The Superintendent of Police, Gaya, District- Gaya.

4. The District Magistrate/ Collector, Gaya, District- Gaya.

5. The Excise Superintendent of Gaya, District- Gaya.

6. The Officer In Charge of Bodh Gaya P.S. District- Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Respondent/s : Mr. Kumar Manish (Sc 5) ====================================================== 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 Motorcycle bearing Reg. No. BR-02Z-8059, which has been seized by the police in connection with Bodh Gaya P.S. Case No. 85/18, District-Gaya for the offence under Section 30(D) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 80 KG. Mahua have been recovered from the vehicle in question. 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.1500 of 2018 (2) dt.25-07-2018 vehicle in question.

In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of 80 KG illicit Mahua, this Court would direct release of the vehicle in question on furnishing two sureties along with a bank guarantee 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, Gaya, 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) Arvind/R.R.Ojha/Ved U T