Naresh Rai @ Naresh Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14077 of 2018 ====================================================== Naresh Rai @ Naresh Kumar Rai Son of late Vrinsapatti Ray Resident of Ward No-3 Jhanjharpur Purani Bajar P.O. and P.S. Jhanjharpur, Distt. Madhubani.

... ... Petitioner

Versus

1. The State of Bihar through the Secretary Department of Excise, Patna, Bihar.

2. The District Magistrate, Madhubani

3. The Incharge of Police Station Andhramathi District Madhubani. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed seeking provisional release of the vehicle (Auto Rickshaw (Tempo)) bearing Registration No.

BR07PB2558, Chassis No.

MDZA95AYOHWC11989, Engine No. BBYWHC20833 seized in connection with Audhramath P.S. Case No. 127 of 2017, G.R. No. 912/17 registered under Sections 272, 274/34 of IPC and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. It has been stated that from the vehicle in question 134 liters illicit liquor have been recovered. It is submitted that confiscation proceeding for the vehicle in question is pending.

2/4 Learned counsel for the petitioner submits that the vehicle is lying under open sky under the Police Station and if it is allowed to remain there for any longer time, the whole vehicle will become a junk and if release is not allowed, 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. Learned counsel for the State is present and submits that in the given facts and circumstances of this case if at all the Court is willing to consider provisional release of the vehicle then interest of the State is required to be protected.

In the given facts and circumstances where confiscation proceeding is presently pending, let the vehicle in question be released provisionally in favour of the petitioner on the petitioner's producing the document of ownership and registration in his name before the District Magistrate, Madhubani (Confiscating Authority) with one surety along with a Bank Guarantee or the original title deed of immovable property (as per circle rate) situated within the district to the extent of the value of the vehicle as indicated in the insurance document.

3/4 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 undertake not to challenge the said Panchanama in course of trial.

The original title deed if deposited shall be kept in safe custody with the office of the District Magistrate, Madhubani.

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 bond and the undertakings as stated above. This would, however, be subject to initiation and finalization of the confiscation proceeding if any.

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