Satendra Raut v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2685 of 2017 ====================================================== Satendra Raut, S/o Late Karu Raut, Resident of Village- Mobarakpur, P.S.- Islampur, District- Nalanda.

.... .... Petitioner

Versus

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

2. The Collector-cum-District Magistrate, Nalanda, Biharsharif.

3. The Excise Commissioner, Nalanda, Biharsharif.

4. The Superintendent of Police, Nalanda, Biharsharif.

5. The Superintendent of Excise, Nalanda, Biharsharif.

6. The Officer in charge of Islampur Police Station Nalanda. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Respondent/s : Mr. Vikash Kumar (Sc-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

15-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the Motorcycle of Honda Company bearing registration no. BR-21L-8048 in favour of the petitioner in connection with Islampur P.S. Case No. 234/2017 for the offences under Sections 37(Kha) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner relies upon a Division Bench order of this Court in L.P.A. No. 1647 of 2015 and order dated 29.08.2017 passed in Cr.W.J.C. No. 1289 of 2017 by a co-ordinate Bench of this Court and

Patna High Court Cr. WJC No.2685 of 2017 (2) dt.15-01-2018 submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court. It is stated by learned counsel for the petitioner that nothing has been found from the motorcycle which has been seized.

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. 50,000/- (rupees fifty thousand only) (not in form of cash or Bank guarantee) with two sureties of the like amount to the satisfaction of the learned Court below or the Collector cum District Magistrate, Nalanda, 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, Nalanda,

Patna High Court Cr. WJC No.2685 of 2017 (2) dt.15-01-2018 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.

It shall be subject to result of the decision in LPA No.1647 of 2015 where a question as to whether the Collector can pass an order of confiscation is pending consideration.

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