Jai Prakash Mandal v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.220 of 2018 ====================================================== Jai Prakash Mandal, S/o Gaivi Mandal, AT+P.O. - Digghi, P.S.- Nath Nagar, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

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

3. The Superintendent of Police, Bhagalpur, District- Bhagalpur.

4. The District Magistrate/Collector Bhagalpur, District- Bhagalpur.

5. The Excise Superintendent of Bhagalpur, District - Bhagalpur.

6. The Officer In Charge of Nath Nagar, District- Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Respondent/s : Mr. Vikash Kumar (SC-XI) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-03-2018 It is the submission of the learned counsel for the petitioner that nothing has been recovered from the vehicle in question and, therefore, in terms of Section 56 of the Bihar Prohibition and Excise Act, 2016, the vehicle is not liable to be seized or confiscated. He also submits that presently no confiscation proceeding is pending in this matter. In the facts and circumstances, let the vehicle i.e. Bajaj Decover ES Motorcycle bearing Reg. No. BR-10Q-7556, which has been seized by the police in connection with Nath Nagar (Madhusudanpur) P.S. Case No.669 of 2017, DistrictBhagalpur for the offence under Sections 30(A),37(c) of the Bihar

Patna High Court Cr. WJC No.220 of 2018 (2) dt.29-03-2018 Prohibition and Excise Act, 2016, 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, Bhagalpur/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 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

Patna High Court Cr. WJC No.220 of 2018 (2) dt.29-03-2018 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