Hirday Narayan Singh v. The State Of Bihar And ORS

2018IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17817 of 2018 ====================================================== Hirday Narayan Singh S/o Shiv Gulam Singh resident of village - Vishunpur Pandey, P.S. - Minapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

2. District Magistrate, Muzaffarpur.

3. S.S.P., Muzaffarpur.

4. S.H.O. Minapur.

5. Police Sub-Inspector I.O, Minapur Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Vivek Prasad- GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 18-02-2019 Heard learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner prays for provisional release of his T.V.S. Wego Scooty bearing registration no. BR-06AP-1826, which has been seized in connection with Minapur P.S. Case No. 51 of 2018 for the offences punishable under sections 37(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is of drunken driving and in such connection, the vehicle has been seized. Undisputedly, there is no recovery from the vehicle as it is also confirmed from the seizure list.

Patna High Court CWJC No.17817 of 2018 dt.18-02-2019 2/2 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 week 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. With this observation/directions above, this writ petition is allowed.

(Jyoti Saran, J) ( Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26-02-2019 Transmission Date NA