Sangeeta Anand v. The State Of Bihar Through The Principal Secretary, Department Of Registration, Excise And Prohibit

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2098 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== Sangeeta Anand W/o Sri Manish Kumar , R/o Mohalla- North Mandiri, Bapu Nagar, Indira Bal Vikash Vidyalaya, P.S.- Budha Colony, Distt.- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Department of Registration, Excise And Prohibition, Govt. of Bihar.

2. Collector Cum - District Magistrate, Patna.

3. Superintendent of Police, Patna.

4. Station House Officer, Budha Colony P.S., Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Respondent/s :

Mr. Anil Kumar Sinha (Ga-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking provisional release of the ERickshaw bearing Registration No. BR01ER-1552 which has been seized in connection with Budha Colony P. S. Case No. 145 of 2018 registered for the offences under Sections 272, 273/34 of the Indian Penal Code and Sections 30 (a) of the Bihar Prohibition & Excise Act for the recovery of 10 liters of Desi Mahua liquor 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.

Patna High Court Cr. WJC No.2098 of 2018(2) dt.24-09-2018 2/2 Learned counsel for the petitioner submits that no confiscation proceeding has been initiated.

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, this Court would direct release of the vehicle in question on petitioner furnishing two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below. Apart from the above, the petitioner shall be obliged to submit an undertaking before the learned court below that during the pendency of the confiscation proceeding he would not deal with the vehicle in question and shall not create any kind of encumbrance whatsoever and no third party right or interest shall be created. He would also undertake to produce the vehicle in question as and when required by the authority concerned. Let the vehicle be released within a week after submission of the two sureties along with the Bank Guarantee as indicated above.

This application stands disposed off.

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