Bhulan Sah v. The State Of Bihar, Through The Principal Secretary, Department Of Food And Consumer Protection, Ne

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1656 of 2018 ====================================================== Bhulan Sah, Son of Kedar Sah, present address C/o- Bhola Sah, Chitragupt Nagar, P.S.- Kankarbagh, District- Patna. Permanent Address Resident of Village- Amnour Harna, Rayn, P.S.- Amnour, District- Saran. .... .... Petitioner

Versus

1. The State of Bihar, Through The Principal Secretary, Department of Food And Consumer Protection, New Secretariat, Bihar, Patna.

2. The District Magistrate, Chapra, Saran.

3. The Sub-Divisional Officer, Chapra, Saran.

4. The Senior Deputy Collector, District Legal Cell, Saran, Chapra.

5. The Block Supply Officer-cum-Anchaladhikari, Amnour, P.S.- Amnour, District- Saran, Chapra.

6. The Officer-in-Charge, Amnour P.S., P.S.- Amnour, District- Saran, Chapra.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Nath Singh For the Respondent/s : Mr. S.Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

25-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Pick Up Van) bearing Registration No. BR01GC-2685, which has been seized by the police in connection with Amnour P.S. Case No. 155/2017, for the offence under Section 409/420/120B of the Indian Penal Code and Section 7 of the E.C. Act and for the same Confiscation Case No. 30 of 2018 has been initiated by District Magistrate, Chapra.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions

Patna High Court Cr. WJC No.1656 of 2018 (2) dt.25-07-2018 which may be imposed by this Court for provisional release of the vehicle in question.

Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle 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 (not in form of 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 District Magistrate, Chapra at Saran/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.

Patna High Court Cr. WJC No.1656 of 2018 (2) dt.25-07-2018 (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 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) Rajeev/- U T