Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20153 of 2019 ====================================================== Anil Kumar, Male, aged about 25 years, S/o Bachha Prasad Gupta, Resident of Village- Paliganj, Shanti Nagar, P.S.- Paliganj, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna 2.

The District Magistrate-cum-Collector, Patna 3.

The Senior Superintendent of Police, Patna 4.

The Commissioner, Excise Department, Patna 5.

The Officer-in-Charge, Dhanarua Police Station, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagmani Kumar, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC11) ====================================================== 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 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Bajaj Pulsar Motorcycle bearing registration No.BR-26M-2517, which has been seized in connection with Special Case No.6371 of 2018 arising out of Dhanarua P.S. Case No. 245 of 2018 for the offences punishable under Sections 37(b)(c) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)a/26/35 of the Arms Act.

Patna High Court CWJC No.20153 of 2019 dt.17-12-2019 2/3 The allegation against the petitioner is of drunken driving and in such condition, the vehicle has been seized. Undisputedly, there is no recovery from the vehicle as it is also confirmed from the seizure list.

Having heard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018 (3) PLJR 403, we direct for release of the vehicle in question in favour of the petitioner within a fortnight, on furnishing/production of the document showing the ownership of the vehicle and registration certificate in the name of the petitioner supporting the claim of the petitioner before the Designated Court below because neither the F.I.R. nor the seizure list reflects any reason for proceeding to be continued against the vehicle in question.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court. As the petitioner has been made accused in the present case, the vehicle shall be released subject to condition the petitioner obtains bail in the aforesaid criminal case.

Patna High Court CWJC No.20153 of 2019 dt.17-12-2019 3/3 With this observations/directions above, this writ petition is allowed.

(Shivaji Pandey, J) ( Anjani Kumar Sharan, J) Nasimul/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07-01-2020 Transmission Date