Manje Ray @ Manju Ray @ Manjay Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20226 of 2019 ====================================================== Manje Ray @ Manju Ray @ Manjay Lal Yadav, S/o Munnilal Ray @ Munni Yadav, Resident of Village- Shitalpatti, Sarayranjan, P.S.- Sarairanjan, Distt.- Samastipur, (Owner of Vehicle Registration No. BR33PA-3177 white colour Scorpio) ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar. 2.

The Excise Commissioner, Bihar, Patna.

3.

The Collector-cum-the District Magistrate, Samastipur. 4.

The Superintendent of Police, Samastipur 5.

The Officer-in-Charge-cum-S.H.O. Sarairanjan Police Station under District- Sarairanjan.

6.

The Investigation Officer A.S.I. Sarairanjan Police Station under DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan Sinha, Adv.

For the Respondent/s :

Mr.Kumar Manish (SC5) ====================================================== 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 for the State.

The petitioner prays for provisional release of the Whiel Colour Scorpio bearing Registration No. BR33PA-3177, which has been seized in connection with Sarairanjan P.S. Case No. 100 of 2018 for the offences punishable under Sections 272, 273, 34 I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.20226 of 2019 dt.17-12-2019 2/3 It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 135 liters of IMFL.

Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the designated Court below with Bank Guarantee proportionate to the value of the vehicle, looking to the age of the vehicle, as indicated in the insurance document. The petitioner would renew the Bank Guarantee before its expiry, failing to do the same, money would be transferred to the State. The petitioner while submitting the sureties shall also furnish the following affidavits / undertakings:

(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding, if any, and shall not alienate the vehicle during this period.

(iii) The petitioner shall furnish an undertaking to produce the

Patna High Court CWJC No.20226 of 2019 dt.17-12-2019 3/3 vehicle before the confiscating authority as and when required. (iv) Prior to release of the vehicle, a Panchanama would be got prepared by the designated Court below, wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future, if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial or proceeding.

The release of the vehicle shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release of the vehicle would, however, be subject to initiation and finalization of the confiscation proceeding. With the observations and directions, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) amitkumar/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.01.2020 Transmission Date N/A