Abhishek Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.570 of 2018 ====================================================== Abhishek Kumar, Son of Rajendra Prasad, Resident of Harisabha Chowk, Near devi Mandir, P.O.-Ramna, P.S. Town Muzafarpur, District Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, Rohtas at Sasaram.

3. The Superintendent of Police, Rohtas at Sasaram

4. The Deputy Superintendent of Police, Rohtas at Sasaram.

5. The District Excise Officer, Rohtas at Sasaram.

6. The Officer-In-Charge, Sasaram (Muffasil) Police Station, District Rohtas at Sasaram.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Respondent/s : Mr. Vikash Kumar (Sc Xi) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

16-03-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Motorcycle) bearing registration no.

BR06AK8894 in favour of the petitioner in connection with Sasaram (Muffasil) P.S. Case No. 1590/2017 for the offences under Section 37(b) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that nothing has been recovered from the Motorcycle in question. The driver was caught in drunken condition. No confiscation Proceeding need to have initiated.

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.

Patna High Court Cr. WJC No.570 of 2018 (2) dt.16-03-2018 In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released provisionally on production of proof of ownership and registration of the vehicle in his favour subject to the following conditions:- (i) Petitioner shall furnish a surety bond of Rs. 60,000/- (Six Thousand only) (not in form of cash or Bank guarantee) with two sureties of the like amount to the satisfaction of learned Court below or the Collector-cumDistrict Magistrate, Rohtas at Sasaram, as the case may be. (ii) Petitioner shall furnish an undertaking that he would not alienate or encumber the vehicle or deal with them adverse to the interest of the State and shall produce the vehicle before the court below and/or the Collector-cum-District Magistrate, Rohtas at Sasaram, as and when directed.

(iii) A photograph of the vehicle shall be taken and panchnama be also prepared, certified and be kept on record in accordance with law.

This application is, accordingly, disposed off. Rajeev/- (Rajeev Ranjan Prasad, J.) U T