Kiran Devi v. The State Of Bihar, Through The Principal Secretary, Excise And Prohibition Department, Government

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1732 of 2018 ===================================== Kiran Devi W/o Shatrughan Thakur resident of VillageBasuki Bihari, P.S.- Madhawapur, District- Madhubani. .... .... Petitioner/s

Versus

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

2. The Collector/ District Magistrate- Sitamarhi, DistrictSitamarhi.

3. The Excise Deputy Commissioner, Sitamarhi.

4. The Superintendent of Excise, Sitamarhi.

5. Sub- Inspector, Excise, Sitamarhi, District- Sitamarhi.

6. Rakesh Kumar Sharma, S/o Late Radhe Shyam Sharma resident of Village+ P.S.- Jaleshwar, District- Mahotari (Nepal).

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

For the Petitioner/s : Mr. Dinesh Jha For the Respondent/s : Mr. Vikash Kumar (Sc 11) ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-07-2018 The petitioner seeks release of her two-wheeler Hero Honda Glamour motorcycle bearing Reg. No. BR-32V-5281 which has been seized in connection with Case No. G.O. 76 of 2018 dated 27.04.2018 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that she is ready and willing to abide by the terms and conditions which may be imposed by this Court for the provisional release of the vehicle in question.

Patna High Court Cr. WJC No.1732 of 2018 (2) dt.31-07-2018 2/3 The provisions under Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 relating to confiscation is under challenge and the matter is pending consideration before a larger Bench in Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.). In that view of the matter, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner in question be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner, subject to the following conditions:- (i) The petitioner shall furnish surety bond (not in form of a bank guarantee or cash) for the value of the vehicle in question as indicated in the insurance document with two sureties of the like amount to the satisfaction of the to the satisfaction of the District Magistrate, Sitamarhi/authority concerned.

(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent Court/authority. (iii) At the time of release, the concerned authority/Court shall get prepared a photograph duly certified in presence of the

Patna High Court Cr. WJC No.1732 of 2018 (2) dt.31-07-2018 3/3 petitioner and panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

(iv) The petitioner shall undertake not to challenge the said photograph and panchnama so prepared in his presence at the time of release of the vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

This order shall, however, be subject to the result of Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.).

The application is, accordingly, allowed.

(Ashutosh Kumar, J) Shageer/- U T