Raju Patel, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15140 of 2019 ====================================================== Raju Patel, Son of Paspat Patel, resident of Village- Ward No. 7, near Durga Devi Sthan, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principle Secretary, Registration, Excise and Probhibition Department, Government of Bihar, Patna. 2.
The Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
3.
The Collector-Cum-District Magistrate, East Champaran, Motihari. 4.
The Superintendent of Police, East Champaran, Motihari. 5.
The Superintendent of Excise, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Respondent/s :
Mr.Vikash Kumar ( Sc11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 08-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is owner of Bajaj Discover motorcycle and prays for provisional release of his vehcile bearing Registration No. BR05AB5498, which has been seized in connection with Turkauliya P.S. Case No. 776 of 2018 for the offences punishable under sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Patna High Court CWJC No.15140 of 2019(2) dt.08-11-2019 2/3 It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 33 litres of country liquor.
Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the Collectorcum-District Magistrate, East Champaran, Motihari with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings: (i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.
(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.
Patna High Court CWJC No.15140 of 2019(2) dt.08-11-2019 3/3 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.
(iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate, East Champaran, Motihari wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial. The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release would however, be subject to finalization of the confiscation proceeding if any. With the observations, this writ petition is allowed. (Shivaji Pandey, J) ( Partha Sarthy, J) sushma/- U T