Rubi Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12762 of 2018 ====================================================== Rubi Devi, W/o Late Akhilesh Kumar @ Akhilesh Kumar Verma @ Akhilesh Prasad, Resident of Mohalla- Dundibag Bazar, P.O.- Jhopri Jhori, Bokaro Steel City, P.S. Sector- 12 Bokaro, District- Jharkhand. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Prohibition Excise & Registration Department, Govt. of Bihar, Patna.

3. The Excise Commissioner, Prohibition Excise & Registration Department, Govt. of Bihar, Patna.

4. The District Transport Officer, Rohtas.

5. The District Magistrate, cum Collector, Rohtas.

6. The Superintendent of Excise, Rohtas.

7. The Superintendent of Police, Rohtas.

8. The Officer in charge, Bikramganj, Police Station, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Respondent/s :

Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 19-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed seeking provisional release of the vehicle (Bolero Pick-up van) bearing Registration No. JH-092/5541 seized in connection with Bikramganj P. S. Case No. 223 of 2017 dated 31.07.2017 registered under Sections 272, 273 of the Indian Penal Code and Section 30 (ka) of the Bihar Prohibition & Excise Act, 2016. It has been stated

2/4 that from the vehicle in question 1180 liters illicit liquor have been recovered. It is submitted that the confiscation proceeding for the vehicle in question is pending.

Learned counsel for the petitioner submits that the vehicle is lying under open sky under the Police Station and if release is not allowed the vehicle is likely to become a junk and in such circumstance, the State is not going to gain anyway in confiscation proceeding. Learned counsel submits that the petitioner is willing to provide such surety and undertakings which may be required to protect the interest of the State during the pendency of the confiscation. It is further submitted that the petitioner is the legally wedded wife of late Akhilesh Kumar @ Akhilesh Kumar Verma in whose name the vehicle in question is registered.

In the given facts and circumstances where vehicle in question is lying under open sky, losing it's road worthiness, keeping in mind the interest of the State as well, we direct that pending finalization of the confiscation proceeding, the vehicle in question be released provisionally in favour of the petitioner on the petitioner's producing the document of ownership and registration in the name of her late husband Akhilesh Kumar @ Akhilesh Kumar Verma before the District Magistrate, Rohtas

3/4 (Confiscating Authority) with one local surety along with a Bank Guarantee to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety along with the bank guarantee shall also furnish the following affidavits/undertakings:- (i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle a Panchnama would be prepared by the confiscating authority wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

Subject to the above conditions, following the views

4/4 expressed by the Hon'ble Division Bench of this Court and in tune with that, we dispose of this application. The release shall be allowed within a period of 7 days from the date of submission of the surety along with a Bank Guarantee and the undertakings as stated above. This would, however, be subject to the final order passed in confiscation proceeding.

(Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U