Surendra Paswan v. The State Of Bihar Through The Principal Secretary Department Of Excise Government Of Bihar, Old Se

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.824 of 2018 ====================================================== Surendra Paswan, Son of Late Lal Babu Paswan, resident of VillageMirpur, Bhuwalpur, P.S. Dighwara, Distt. Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Excise, Government of Bihar, Old Secretariat, Patna.

2. The Director General of Police, Old Secretariat, Patna.

3. The Superintendent of Police, Saran at Chapra.

4. The Station House Officer, Dighwara, Saran at Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Vikash Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Honda (Shine) motorcycle bearing Reg. No. BR-04 1617, which has been seized by the police in connection with Dighwara P.S. Case No. 164 of 2017, District-Saran for the offence under Sections 272, 273 of the I.P.C. & Sections 30, 38 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 40 liters of country made liquor have been recovered from the vehicle in question. 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

Patna High Court Cr. WJC No.824 of 2018 (2) dt.27-04-2018 2/3 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 a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature valued at Rs.

60,000/- (sixty thousand) to the satisfaction of the District Magistrate, Saran at Chapra/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

Patna High Court Cr. WJC No.824 of 2018 (2) dt.27-04-2018 3/3 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 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) Ved/- U T