Suryamani Kumar v. The State Of Bihar, Through The Principal Secretary, Home Police Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2646 of 2017 ======================================================

1. Suryamani Kumar S/o Shashikant Thakur, R/o Village- Shahpur, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Home (police) Department, Bihar, Patna.

2. The Princpal Secretary Excise and Prohibition department , Government of Bihar, Patna.

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

4. The Superintendent of Police, Begusarai.

5. The S.H.O. of Begusarai Town P.S., District Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Respondent/s : Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Maruti Swift Car bearing Reg.No.BR-09T-7402 which has been seized by the police in connection with Begusarai P.S. Case No.483 of 2017 for the offence under Section 414 of the Indian Penal Code and Section 37(b) of the Bihar Prohibition and Excise Act, 2016.

It is submitted that no illicit liquor has been found in the vehicle, though it is alleged that the son of this petitioner was driving the vehicle in intoxicated condition.

Patna High Court Cr. WJC No.2646 of 2017 (3) dt.30-01-2018 Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

Let the vehicle of the petitioner be provisionally released on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.5,00,000/- (five lakhs) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of court below or the authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

(iii) At the time of release, the concerned

Patna High Court Cr. WJC No.2646 of 2017 (3) dt.30-01-2018 authority/court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

(iv) Petitioner undertakes not to challenge the said photograph and panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

The application stands disposed of.

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