Tarkeshwar Kumar v. The State Of Bihar Through Excise Superintendent Of Aurangabad, Distt.-Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2654 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- KHUDWA District- Aurangabad ====================================================== Tarkeshwar Kumar son of Shivnandan Singh, R/o village- Ramnagar, P.S.- Kudwa, District- Aurangabad .. ... Petitioner

Versus

1. The State Of Bihar Through Excise Superintendent Of Aurangabad, Distt.- Aurangabad

2. The District Magistrate, Aurangabad

3. The Officer-in-Charge, Khudwa Police Station, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Respondent/s :

Mr. Anil Kumar Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-10-2018 Learned counsel for the petitioner submits that the registration number of the motorbike mentioned in paragraph 1 of the application bing BRO1DR-1251 fully tallies with the number mentioned at page 9.

In view of aforesaid, let the defect be ignored. Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle Motor-Bike bearing registration no. BR01DR-1251, which has been seized by the police in connection with Khudwa P. S. Case No. 17 of 2018 for the offences under Section 30(a)/38 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 1 liter of illicit liquor has been

Patna High Court Cr. WJC No.2654 of 2018(2) dt.30-10-2018 2/3 recovered from the vehicle in question.

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. It is further submitted that no notice has been received by the petitioner for confiscation proceeding in respect of the vehicle in question. In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being less than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on petitioner producing document of ownership and registration in his name and furnishes two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below.

The order of provisional release is, however, subject to the further undertakings to be submitted by the petitioner before the court below as follows:

(i) That the vehicle in question is not involved in any other offence of similar nature in past and shall not be involved in the nature of the offence in future.

Patna High Court Cr. WJC No.2654 of 2018(2) dt.30-10-2018 3/3 (ii) That the petitioner shall not create any third party right or interest in respect of the vehicle in question. (iii) That the petitioner shall produce the vehicle as and when required by the learned court below/authority concerned.

Prior to release of the vehicle a Panchnama shall be prepared which will be kept on record for future use in course of trial.

The vehicle be released within one week from the date of furnishing surety and the undertakings as indicated above.

The application stands disposed off.

(Rajeev Ranjan Prasad, J) avin/- U T