Bipul Kumar Singh, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20128 of 2019 ====================================================== Bipul Kumar Singh, Son of Naresh Kumar Singh @ Naresh Prasad Singh, Resident of Mohalla- Pama, Ward No.3, Kali Asthan, Police Station- Sour Bazar, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar, through Excise Commissioner, Patna. 2.

The District Magistrate, Saharsa.

3.

The Excise Superintendent, Saharsa.

4.

The Station House Officer, Sour Bazar Police Station- Patarghat O.P., District Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar 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 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 11 of the writ petition in course of the day.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Safari Jeep bearing registration No. BR-19F-1211, which has been seized in connection with Sour Bazar (Patarghat OP) P.S. Case No. 349 of 2019 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.20128 of 2019 dt.17-12-2019 2/3 It is stated by learned counsel for the petitioner that 7.200 litres of IMFL has been seized, the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the aforesaid vehicle and 7.200 litres 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 papers with respect to vehicle in question before the designated court below with two sureties proportionate to the value of the vehicle, looking to the age of the vehicle as indicated in the insurance document. 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 and shall not alienate the vehicle during this period as well as he will not change the feature of the vehicle in any manner.

Patna High Court CWJC No.20128 of 2019 dt.17-12-2019 3/3 (iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

(iv) Prior to release of the vehicle, a Panchanama would be prepared by the 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/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 would, however, be subject to initiation and finalization of the confiscation proceeding.

With the observations above, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 21.12.2019 Transmission Date N.A.