Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18932 of 2019 ====================================================== Sanjay Kumar aged about 24 years (Male) S/o Bakhori Manjhi Resident of Rukanpura Mushari, P.S.-Rupaspur and District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna 2.

The Director General of Police, BIhar, Patna. 3.

The District Magistrate-Cum-Collector, Patna. 4.

Ther S.H.O., Rupaspur Police Station, Patna 5.

The Investigating Officer of Rupaspur, P.S. Case No. 342/2019. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks release of his motorcycle i.e. Pulsar, bearing Registration No. BR01DS-4490, which was seized in connection with Rupaspur Police Station Case No. 342 of 2019 registered for the offence punishable under the provisions of Indian Penal Code as well as Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.18932 of 2019 dt.16-12-2019 2/3 It is orally submitted on behalf of the petitioner that petitioner has no knowledge about initiation of confiscation proceeding, but the learned counsel of the State submits that he is not in a position to disclose regarding initiation of the confiscation proceeding and therefore he will seek a report from the concerned District Collector about the initiation of confiscation proceeding. In view of the aforesaid submission as well as in the facts and circumstances of the case, this writ application stands disposed of with a direction to the concerned Court to seek a report from the District Collector about initiation of confiscation proceeding in respect of seized vehicle in connection with Rupaspur Police Station Case No.

Patna High Court CWJC No.18932 of 2019 dt.16-12-2019 3/3 bond of Rs.50,000/- within two weeks from the date of receipt of report of District Magistrate, with the condition that the petitioner shall not transfer or alienate the said vehicle without prior permission of the concerned Court and shall produce the aforesaid vehicle whenever and wherever it is required by the Court till final disposal of the confiscation proceedings.

Furthermore, it is made clear that if the confiscation proceeding has been initiated in respect of the seized vehicle, the concerned District Collector shall initiate the confiscation proceedings and conclude the same within 60 days from the date of receipt/production of a copy of this order. Writ petition stands disposed of with the aforesaid directions.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) anay/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.12.2019 Transmission Date N/A