Ramraj Ravidas v. The State Of Bihar Through The Principal Secretary Excise Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.928 of 2018 ====================================================== Ramraj Ravidas, Son of Gandhi Ravidas, Resident of Village- Kakariya, P.S.- Noorsarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

2. The District Magistrate cum Collector, Nalanda.

3. The Superintendent of Police, Nalanda.

4. The S.H.O. of Noor Sarai, P.S. Case No.243 of 2017 in District Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Baljit Singh For the Respondent/s : Mr. Vikash Kumar (SC XI) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle Hero Honda Passion Motorcycle bearing Reg.No.BR-21H-0863, which has been seized by the police in connection with Noor Sarai P.S. Case No.243 of 2017, District-Nalanda, for the offence under Sections 379, 337 and 338 of the I.P.C. and Section 37A of the Bihar Prohibition and Excise Act, 2016. It is alleged that the petitioner has driven the vehicle in question in drunken condition. 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.928 of 2018 (2) dt.03-05-2018 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 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, Nalanda/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

Patna High Court Cr. WJC No.928 of 2018 (2) dt.03-05-2018 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.

It is made clear that before initiation of any confiscation proceeding the District Magistrate shall consider the preliminary issue as to whether in view of Section 56 of the Bihar Prohibition and Excise Act, 2016 a confiscation proceeding may be initiated in respect of a vehicle from which there is no recovery of illicit liquor.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T