Arun Kumar v. The State Of Bihar Through The Principal Secretary Department Of Excise, Govt. Of Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1380 of 2018 ====================================================== Arun Kumar S/o Rajendra Prasad Singh, R/o Vill.- Nepura, P.S.- Asthawa, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary Department of Excise, Govt. of Bihar, Patna.

2. The District Magistrate, Nalanda at Biharsharif.

3. The Superintendent of Police, Biharsharif, District- Nalanda.

4. The Deputy Superintendent of Police, Biharsharif, District- Nalanda.

5. The Officer Incharge of Asthawa P.S., District- Nalanda.

6. The Investigating Officer of Asthawa P.S. Case No. 34/18, DistrictNalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Respondent/s : Mr. Kumar Manish (Sc 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

24-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Hero Honda CBZ Motorcycle) bearing registration no. BR21E-1938 in favour of the petitioner in connection with Asthawa P.S. Case No. 34/2018 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

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 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 (not in form

Patna High Court Cr. WJC No.1380 of 2018 (2) dt.24-07-2018 of bank guarantee or cash) for the value of the vehicle in question as indicated in the insurance document with two sureties of the like amount to the satisfaction of District Magistrate, Nalanda at Biharsharif/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 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 of 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) Rajeev/- U T