Patna High CourtCR. WJC/2286/2018disposed

Indu Devi v. The State Of Bihar Through Chief Secretary, Bihar, Patna And ORS

2018-10-12Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2286 of 2018 Arising Out of PS. Case No.-325 Year-2016 Thana- ALAMGANJ District- Patna ====================================================== Indu Devi, W/o Raj Kumar Mishra, R/o Mohalla- Gurhatta Near Police Chouki, P.S.- Khajekalane, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar Through Chief Secretary, Bihar, Patna.

2. Principal Secretary, Home, Bihar, Patna.

3. Excise Commissioner, Bihar, Patna.

4. D.M., Patna, Bihar.

5. S.P., Patna.

6. S.H.O., Alampur P.S., Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rina Sinha For the Respondent/s :

Mr. Vikash Kumar(Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking provisional release of the vehicle White Bajaj V-15 Motorcycle bearing Registration No. BR01CU-8703 seized in connection with Alamganj P. S. Case No. 325 of 2016.

Learned counsel for the petitioner submits that nothing has been recovered from the motorcycle and therefore, the very seizure is illegal. The seizure has been made from bag. It is also submitted that no notice for confiscation proceeding has been received in respect of the vehicle.

Learned counsel for the State is present.

Patna High Court Cr. WJC No.2286 of 2018(2) dt.12-10-2018 2/2 Considering the facts and circumstances of the case and also the judgment of the Hon'ble Division Bench 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, the court below is directed to release the vehicle in question forthwith in favour of the petitioner within a week after submission of the document showing the ownership of the vehicle and registration certificate in the name of petitioner.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court. This application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) avin/- U T