Vinod Choudhary @ Binod Choudhary v. The State Of Bihar, Through The Principal Secretary, Food And Civil Supplies Department, Government

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2798 of 2017 ====================================================== Vinod Choudhary @ Binod Choudhary, Son of Rajvanshi @ Rajbansh Choudhary, resident of Village- Pratapganj, P.S.- Rajpur, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

2. The District Magistrate, Rohtas at Sasaram.

3. The Superintendent of Police, Rohats at Dehri-On- Sone. null null

4. The Sub- Divisional Officer, Bikramganj, District- Rohtas.

5. The Block Supply Officer Rajpur Block, District- Rohtas.

6. The S.H.O. Nasriganj Police Station, District- Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Arbind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

At the outset, learned counsel for the petitioner submits that he would not press the relief for quashing of the FIR bearing Nasriganj (Rajpur) P.S. Case No.147 of 2017 dated 14.07.2017 as contained in Annexure-2 to the writ application. However, learned counsel for the petitioner submits that his prayer for release of the vehicle Mahindra Pick-up Van bearing Reg.No.BR-24G/6866 may be considered by this Court. In view of the aforesaid, the application in so far as it relates to quashing of the FIR is not pressed.

Patna High Court Cr. WJC No.2798 of 2017 (2) dt.04-01-2018 Let the vehicle of the petitioner be released on production of proof of ownership of the vehicle subject to the following conditions:- (i) Petitioner shall furnish bank guarantee or any other security of like nature valued at Rs.6,00000/- (Six lacs) to the satisfaction of the District Magistrate, Rohtas at Sasaram.

(ii) Petitioner shall furnish an undertaking not to alienate the vehicle or deal with it adverse to the interest of the State and produce it before the Collector-cum-District Magistrate, Rohtas at Sasaram as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama shall also be prepared and kept on record.

It shall be subject to result of the decision in LPA No.1647 of 2015 where a question as to whether the Collector can pass an order of confiscation is pending consideration. The application stands disposed of.

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