Manu Chaudhary v. The State Of Bihar Through The Secretary, Department Of Excise, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2872 of 2017 ====================================================== Manu Chaudhary, son of Bandhu Chaudhary, Resident of VillageMohanganj, P.S.- Barun, District- Aurangabad. .... .... Petitioner

Versus

1. The State of Bihar Through The Secretary, Department of Excise, Government of Bihar, Patna.

2. The District Magistrate, Aurangabad.

3. The Superintendent of Police, Aurangabad.

4. The Officer in Charge, Barun Police Station, District- Aurangabad. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Respondent/s : Mr. P.N. Shahi (AAG-6) ====================================================== 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 vehicle Passion Pro Motorcycle bearing registration no. BR-26D-1261 in favour of the petitioner in connection with Barun P.S. Case No. 97/2016 for the offences under Sections 47(A), 53(A) and 54 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 submits that the petitioner is ready and willing to abide by

Patna High Court Cr. WJC No.2872 of 2017 (2) dt.15-01-2018 the terms and conditions which may be imposed by this Court. The vehicle in question was allegedly carrying 200 ml. pouch total sixty pieces total two liters of illicit country made liquor.

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) in form of Bank guarantee or the original title deed of an immovable property lying within the jurisdiction of the court or any other security of like nature to the satisfaction of the learned Court below or the Collector- cum -District Magistrate, Aurangabad, 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

Patna High Court Cr. WJC No.2872 of 2017 (2) dt.15-01-2018 Collector-cum-District Magistrate, Aurangabad, 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