Nilam Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19027 of 2018 ====================================================== Nilam Devi wife of Ratneshwar Kumar, resident of Village- Jhitkahiya Shilaboalli, P.S. Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Superintendent of Police, Muzaffarpur.

3.

The Officer-in Charge of Hathauri, P.S. District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Anisur Rahman For the Respondent/s :

Mr.Vikash Kumar- SC11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for provisional release of his Royal Enfield Bullet Motorcycle bearing registration No. BR06BJ-4442, Chassis No.

Engine No.

ME3U3S5C1HL536069, which has been seized in connection with Hathauri P.S. Case No. 127 of 2018 for the offences punishable under sections 272/273 of the Indian Penal Code read along with side provisions under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.19027 of 2018 dt.01-04-2019 2/3 Learned counsel for the petitioner submits that in reference to the First Information Report, no recovery was made from the motorcycle in question rather the recovery is from a Tempo bearing Registration No. BR06PC-3877 from where 48 bottles of I.M.F.L. each containing 180 ml. were recovered. He thus submits that motorcycle of the petitioner has been seized merely on the basis of suspicion simply because it was standing at the place from where the recovery was made. Having heard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors.

reported in 2018 (3) PLJR 403, we direct for release of the vehicle in question in favour of the petitioner within a fortnight, on furnishing/production of the document showing the ownership of the vehicle and registration certificate in the name of the petitioner supporting the claim of the petitioner before the designated Court below because neither the F.I.R. nor the seizure list reflects any reason for proceeding to be continued against the vehicle in question.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in

Patna High Court CWJC No.19027 of 2018 dt.01-04-2019 3/3 view of the judgment of the Hon'ble Division Bench of this Court.

With this observations/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) Shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.04.2019 Transmission Date NA