Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20262 of 2019 ====================================================== Amit Kumar Son of Vishon Prasad Residence of Village- Kathpul South Mandiri, P.S. Budha Colony, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The Principal Secretary Excise Department, Govt. of Bihar, Patna. 3.

The District Magistrate Patna.

4.

The Superintendent of Police Patna.

5.

The Officer in- charge Rupashpur Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 17-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his TVS Star City Motorcycle bearing registration No. BR01CR6817, which has been seized in connection with Rupaspur P.S. Case No. 288 of 2018 for the offences punishable under Section 279 of the Indian Penal Code and Section 37 (b)

Patna High Court CWJC No.20262 of 2019 dt.17-12-2019 2/3 (c) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is of drunken driving and in such condition, the vehicle has been seized. Undisputedly, there is no recovery from the vehicle as it is also confirmed from the seizure list.

Having heard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018

(3) PLJR 403, we direct for release of the vehicle in question in favour of the petitioner within a fortnight, on furnishing/production of the document showing the ownership of the vehicle and registration certificate in the name of the petitioner supporting the claim of the petitioner before the Designated Court below because neither the F.I.R. nor the seizure list reflects any reason for proceeding to be continued against the vehicle in question.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court. The confiscation proceeding itself is a futile exercise because there is no recovery of liquor.

Patna High Court CWJC No.20262 of 2019 dt.17-12-2019 3/3 With this observations/directions above, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.01.2020 Transmission Date NA