Praween Kumar Barnwal @ Praween Kumar v. The State Of Bihar Through The Principal Secretary, Excise And Prohibition Department, Government O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1249 of 2018 ====================================================== Praween Kumar Barnwal @ Praween Kumar .... .... Petitioner/s

Versus

The State of Bihar Through The Principal Secretary, Excise & Prohibition Department, Government of Bihar, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bashishtha Narayan Mishra For the Respondent/s : Mr. Vikash Kumar (Sc-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Eco Sport Car bearing Reg. No. BR 22V 4141, which has been seized by the police in connection with Bettiah Town P.S. Case No. 840 of 2017, District- West Champaran at Bettiah for the offence under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 8.625 litres of foreign liquor has been recovered 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.

Considering the facts and circumstances, pending

Patna High Court Cr. WJC No.1249 of 2018 (2) dt.04-05-2018 2/3 initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs. 5,00,000/- (Five Lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, West Champaran at Bettiah/authority concerned. (ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be

Patna High Court Cr. WJC No.1249 of 2018 (2) dt.04-05-2018 3/3 prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release ohf vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

(Rajeev Ranjan Prasad, J.) Rakhi U T