Niranjan Kumar @ Niranjan Kumar Vishvas v. The State Of Bihar Through The Secretary, The Excise Department Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2607 of 2018 Arising Out of PS. Case No.-251 Year-2018 Thana- PALASI District- Araria ====================================================== Niranjan Kumar @ Niranjan Kumar Vishvas S/o Om Prakash Vishvas @ Aum Prakash Vishwas Resident of Village- Mahandarpur, P.S. Palasi, District Araria.

... ... Petitioner/s

Versus

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

2. The Collector, Araria.

3. The Superintendent of Police, Araria.

4. The Deputy Superintendent of Police Forbesganj District Araria.

5. The Station House Officer, Police Station Palasi District Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Gautam For the Respondent/s :

Mr. Anil Kumar Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle (Motorcycle Hero Splendor) bearing registration no. BR-38Q-2388, which has been seized by police in connection with Excise Spl. Case No. 1052 of 2018 arising out of Palasi P. S. Case No. 251 of 2018 for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 2 liters of illicit liquor have been recovered from the vehicle in question.

Patna High Court Cr. WJC No.2607 of 2018(2) dt.01-11-2018 2/3 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. It is further submitted that no notice has been received by the petitioner for confiscation proceeding 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 less 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 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

Patna High Court Cr. WJC No.2607 of 2018(2) dt.01-11-2018 3/3 right or interest in respect of the vehicle in question. (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