Anant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18652 of 2019 ====================================================== Anant Kumar S/o- Rameshwar Roy R/v- Makra Bujurg, P.O.- Makra, P.S.- Mokama, Distt.- Patna. ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Patna.

3.

The Senior Superintendent of Police Patna.

4.

The Officer in charge of Pandarakh Police Station Barh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Respondent/s :

Mr.Vikash Kumar ( Sc11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks release of his TVS Apache Motorcycle bearing Registration No. BR 01 DP 4855 which was seized in connection with Pandarakh Police Station Case No. 19 of 2019 registered for the offence punishable under the Bihar Prohibition and Excise Act, 2016.

In view of the aforesaid submission as well as in the facts and circumstances of the case, this writ application stands disposed of with a direction to the concerned Court to seek a

Patna High Court CWJC No.18652 of 2019 dt.16-12-2019 2/3 report from the District Collector about initiation of confiscation proceeding in respect of seized vehicle in connection with Pandarakh Police Station Case No.

19 of 2019 within a period of two weeks from the date of receipt/production of a copy of this order and if the report of the concerned District Collector reflects that the confiscation proceeding has already been initiated, in that event, the concerned court shall not release the seized vehicle in favour of the petitioner, but if the report of the District Collector reveals that the confiscation proceedings has not been initiated as yet in respect of seized vehicle, the concerned Court shall release the seized vehicle provisionally in favour of the petitioner on production of ownership and registration papers with respect to the vehicle in question before the court below on the execution of bond of Rs.

50,000/- within two weeks from the date of receipt of report of District Magistrate, with the condition that the petitioner shall not transfer or alienate the said vehicle without prior permission of the concerned Court and shall produce the aforesaid vehicle whenever and wherever it is required by the Court till final disposal of the confiscation proceedings.

Furthermore, it is made clear that if the confiscation proceedings has already been initiated in respect of the seized

Patna High Court CWJC No.18652 of 2019 dt.16-12-2019 3/3 vehicle, the concerned District Collector shall conclude the same within 60 days from the date of receipt/production of a copy of this order.

Writ petition stands disposed of with the aforesaid directions.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) Shashi AFR/NAFR NA CAV DATE NA Uploading Date 19.12.2019 Transmission Date