Satyendra Prasad @ Satyendra Prasad Yadav v. The State Of Bihar Through The Principal Secretary, Department Of Excise Department Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1307 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Satyendra Prasad @ Satyendra Prasad Yadav, son of Late Bishun Dhari Gope, R/ovillage Basobagi, P.O.+P.S.-Barh, distt.-Patna, at present village - Jamunichak, P.O.-Sahri, P.S.- Barh, District - Patna. .... .... Petitioner

Versus

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

2. The District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The S.H.O., Police Station Barh, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Respondent/s : Mr. Vivek Prasad, G.P.7 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (Motorcycle) bearing registration no. BR21J-2657 in favour of the petitioner in connection with Barh P.S. Case No. 90/2018 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

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 vehicle in question.

In the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle, if belongs to the petitioner, be released provisionally within a week 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. 60,000/- (Sixty Thousand only) (not in form of cash or Bank

Patna High Court Cr. WJC No.1307 of 2018 dt.08-05-2018 guarantee) with two sureties of the like amount to the satisfaction of the Collector-cum-District Magistrate, Patna. (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 Collector-cum-District Magistrate, Patna, 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.

This application is, accordingly, disposed off. Rajeev/- (Rajeev Ranjan Prasad, J.) AFR/NAFR CAV DATE Uploading Date 09.05.2018 Transmission Date 09.05.2018