Rajesh Paswan @ Jatha Paswan v. The State Of Bihar, Through The Principal Secretar, Excise Department, Government Of Bihar, Patna A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2391 of 2018 Arising Out of PS. Case No.-223 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== Rajesh Paswan @ Jatha Paswan, Son of Niru Paswan, R/o Chakhamind, P.S.- Harnaut (Chero), District- Nalanda Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretar, Excise Department, Government of Bihar, Patna.

2. The District Magistrate Cum Collector, Nalanda.

3. The Superintendent of Police, Nalanda, District- Nalanda.

4. The Officer in Charge, Harnaut Police Station, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Singh For the Respondent/s :

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

Petitioner has prayed for provisional release of the vehicle Splendor Pro Motorcycle bearing registration no. BR01DE-8439, which has been seized by the police in connection with Harnaut (Chero) P. S. Case No. 223 of 2018 for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 10 liters of illicit liquor have been 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

Patna High Court Cr. WJC No.2391 of 2018(2) dt.10-10-2018 2/3 conditions which may be imposed by this Court for provisional release of the vehicle in question. It is submitted that no confiscation proceeding is pending 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.

(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

Patna High Court Cr. WJC No.2391 of 2018(2) dt.10-10-2018 3/3 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/-R.R.Ojha U T