Rakesh Kumar v. The State Of Bihar, Through The Principal Secretary, Registration, Excise And Prhoibition Departmen

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2204 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Rakesh Kumar, Son of Satya Narayan Singh, Resident of Village- Bihat Tola Khem Karanpur, P.S. Barauni, District- Begusarai. ... ... Petitioner/s

Versus

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

2. The Collector, Begusarai.

3. The Superintendent of Police, Begusarai.

4. The S.H.O. Barauni Police Station, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Respondent/s :

Mr. Vivek Prasad (Gp 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking provisional release of the vehicle Motorcycle bearing Registration No. BR-09K-0668 which has been seized in connection with Barauni P. S. Case No. 236 of 2018 registered for the offence under Section 30 (a) of the Bihar Prohibition & Excise Act for recovery of 15 liters illicit liquor 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 vehicle in question.

In view of the views expressed by the Hon'ble Division

Patna High Court Cr. WJC No.2204 of 2018(2) dt.09-10-2018 2/2 Bench of this Court, pending initiation/finalization of confiscation proceeding, considering the quantity of the illicit liquor being less than 30 liters, this Court would direct release of the vehicle in question on petitioner furnishing two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the District Magistrate, Begusarai. Apart from the above, the petitioner shall be obliged to submit an undertaking before the District Magistrate, Begusarai 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 and further that the vehicle is not involved in offence of similar nature in past and shall not be involved in any offence of like nature in future.

Let the vehicle be released within a week after submission of the two sureties and undertakings as indicated above. This application stands disposed off.

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