Ashok Kumar Agrawal v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.270 of 2018 ====================================================== Ashok Kumar Agrawal, Son of Sri Ratan Lal Agrawal, resident of Village/ Mohallah- Parwati Path, Chitragupta Nagar, P.O.- Lohiya Nagar, P.S.- Kadamkuan, District- Patna (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise & Prohibition Department, Government of Bihar, Patna. null null

2. The District Magistrate-cum- Collector, Patna, District- Patna (Bihar).

3. The Assistant Excise Commissioner, Patna, District- Patna (Bihar).

4. The Superintendent of Excise, Patna, District- Patna (Bihar).

5. The Senior Superintendent of Police, Patna, District- Patna (Bihar).

6. The Vehicle Inspector, Patna, District- Patna (Bihar).

7. The Officer In- Charge, Kadamkuan Police Station, District- Patna (Bihar).

8. The Investigating Officer, Kadamkuan Police Station, District- Patna (Bihar).

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Respondent/s : Mr. Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Scooty bearing Reg. No. BR-01CM-5575, which has been seized by the police in connection with Kadamkuan P.S. Case No.290 of 2017, District-Patna for the offence under Section 37(b)/38 of the Bihar Prohibition and Excise Act, 2016. It is alleged that one bottle of foreign liquor containing 180 ml has been recovered from the vehicle in question.

Patna High Court Cr. WJC No.270 of 2018 (2) dt.30-03-2018 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.

Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:- (i) Petitioner shall furnish surety bond of Rs.60,000/- (sixty thousand) (not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of District Magistrate, Patna/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

Patna High Court Cr. WJC No.270 of 2018 (2) dt.30-03-2018 court/authority.

(iii) At the time of release, the concerned 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 shall undertake 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