Sanjay Kumar Yadav @ Sanjay Yadav v. The State Of Bihar Through The Principal Secretary Department Of Excise, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2473 of 2018 Arising Out of PS. Case No.-507 Year-2018 Thana- KATIHAR District- Katihar ====================================================== Sanjay Kumar Yadav @ Sanjay Yadav, Son of Charku Yada @ Ram Bacchan Yadav, Resident of Village- Barmasia, P.S.- Sahayak, District- Katihar. ... ... Petitioner/s

Versus

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

2. The Collector, Katihar.

3. The Superintendent of Police, Katihar.

4. The Officer-in-Charge of Nagar Sahayak Police Station, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Respondent/s :

Mr. Vikash Kumar (Sc-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking provisional release of the vehicle being Honda City bearing registration No. HR-26-BB5778 seized in connection with Nagar (Sahayak) P. S. Case No. 507 of 2018.

Learned counsel for the petitioner submits that nothing has been recovered from the vehicle in question and therefore, the very seizure is illegal. It is submitted that the driver of the vehicle in question was found in drunken condition. It is also submitted that no confiscation proceeding has been initiated in respect of the vehicle.

Patna High Court Cr. WJC No.2473 of 2018(2) dt.25-10-2018 2/2 Learned counsel for the State is present.

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