Ram Snehi Mahto @ Ram Sanehi Mahato v. The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2381 of 2018 Arising Out of PS. Case No.-356 Year-2017 Thana- BATHNAHA District- Sitamarhi ====================================================== Ram Snehi Mahto @ Ram Sanehi Mahato S/o Ram Bahadur Mahto, R/o Sangram Fandah, Riga, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Registration Excise & Prohibition Department Government of Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The Superintendent of Excise, Sitamarhi.

4. The Superintendent of Police, Sitamarhi.

5. The Vehicle Inspector, Sitamarhi.

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

For the Petitioner/s :

Mr. Rajesh Kumar Jha For the Respondent/s :

Mr. Anil Kumar Sinha (Ga-1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle Motorcycle Hero Glamour bearing registration no. BR06AP-6154, which has been seized by the police in connection with Bathnaha P. S. Case No. 356 of 2017 for the offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016 and Sections 272, 273/34 of the Indian Penal Code. Learned counsel for the petitioner submits that there is no recovery of illicit liquor from the vehicle in question. It is submitted that no confiscation proceeding is pending in respect of the vehicle in question.

Patna High Court Cr. WJC No.2381 of 2018(2) dt.31-10-2018 2/2 Considering the facts and circumstances of the case and also the judgment of the Hon'ble Division Bench 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, the court below is directed to release the vehicle in question forthwith in favour of the petitioner within a week after submission of the document showing the ownership of the vehicle and registration certificate in the name of petitioner.

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. This application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) avin/- U T