Deepak Kumar Sharma v. The State Of Bihar Through The Principal Secretary, Department Of Registration, Prohibition And Exc

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2583 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Deepak Kumar Sharma Son of Bishambhar Sharma Resident of Village-Balua Mathiya,Police Station-Darauli,Distt.-Siwan ... ... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Department of Registration, Prohibition And Excise, Government of Bihar, Patna & Ors

2. The Collector/District Magistrate,Siwan, Distt.-Siwan

3. The Excise Superintendent ,Siwan,Distt.-Siwan

4. The Superintendent of Police, Siwan,Distt.-Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Respondent/s :

Mr. Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle Motorcycle bearing registration no. BR29T-1772, which has been seized by the police in connection with Mairwa P. S. Case No. 233 of 2018 for the offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 37 (B), 38, 41 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 180 ml. of illicit liquor have 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

Patna High Court Cr. WJC No.2583 of 2018(2) dt.01-11-2018 2/3 conditions which may be imposed by this Court for provisional release of the vehicle in question. It is further submitted that no notice has been received by the petitioner for confiscation proceeding in respect of the vehicle in question. In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being less than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on petitioner producing document of ownership and registration in his name and furnishes two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below.

The order of provisional release is, however, subject to the further undertakings to be submitted by the petitioner before the court below as follows:

(i) That the vehicle in question is not involved in any other offence of similar nature in past and shall not be involved in the nature of the offence in future.

(ii) That the petitioner shall not create any third party right or interest in respect of the vehicle in question. (iii) That the petitioner shall produce the vehicle as

Patna High Court Cr. WJC No.2583 of 2018(2) dt.01-11-2018 3/3 and when required by the learned court below/authority concerned.

Prior to release of the vehicle a Panchnama shall be prepared which will be kept on record for future use in course of trial.

The vehicle be released within one week from the date of furnishing surety and the undertakings as indicated above.

The application stands disposed off.

(Rajeev Ranjan Prasad, J) avin/- U T