Kanti Devi v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2387 of 2018 Arising Out of PS. Case No.-193 Year-2017 Thana- PANCHRUKHI District- Siwan ====================================================== Kanti Devi wife of Shankar Manjhi, Resident of Village- Laheji, P.S. M.H. Nagar, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

2. The Collector cum District Magistrate, Siwan, District Siwan.

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

4. The S.H.O. cum Officer In Charge, Siwan Muffasil P.S., District Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra For the Respondent/s :

Mr. Vikash Kumar (Sc 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle Mahindra Bolero Pickup Van bearing registration no. BR-29L-9613, which has been seized by the police in connection with Pachrukhi P. S. Case No. 193 of 2017 for the offence under Sections 30/ 38 of the Bihar Prohibition and Excise Act, 2016 and Sections 272, 273, 308, 420 of the Indian Penal Code.

It is alleged that 166 liters of illicit liquor have been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the

Patna High Court Cr. WJC No.2387 of 2018(2) dt.12-10-2018 2/3 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. It is further submitted that no confiscation proceeding has been initiated in respect 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 more than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on petitioner producing document of ownership and registration in his name and furnishes two sureties along with a bank guarantee for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below. The order of provisional release is, however, subject to the further undertakings to be submitted by the petitioner before the court below as follows:

(i) That the vehicle in question is not involved in any other offence of similar nature in past and shall not be involved in the nature of the offence in future.

(ii) That the petitioner shall not create any third party right or interest in respect of the vehicle in question.

Patna High Court Cr. WJC No.2387 of 2018(2) dt.12-10-2018 3/3 (iii) That the petitioner shall produce the vehicle as and when required by the learned court below/authority concerned.

Prior to release of the vehicle a Panchnama shall be prepared which will be kept on record for future use in course of trial.

The vehicle be released within one week from the date of furnishing surety and the undertakings as indicated above.

The application stands disposed off.

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