Suresh Upadhaya 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.2455 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Suresh Upadhaya S/o Ram Vachan Upadhaya, R/o Vill. Pitath, P.S.- Agiaon Bazar, District- Bhojpur.

... ... Petitioner/s

Versus

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

2. The Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

3. The District Magistrate Cum-Collector, Rohtas.

4. The Superintendent of Excise , Rohtas.

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Respondent/s :

Mr. Kumar Manish (Sc 5) ====================================================== 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 Pick up bearing registration no. BR-03K-5412, which has been seized by the police in connection with Dawath P. S. Case No. 103 of 2018 for the offence under Section 30(A), 35 and 38 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 457 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 conditions which may be imposed by this Court for provisional

Patna High Court Cr. WJC No.2455 of 2018(2) dt.10-10-2018 2/3 release of the vehicle in question. It is further submitted 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 more than 30 liters, pending initiation/finalization of confiscation proceeding, this Court would direct provisional release of the vehicle in question on furnishing two sureties along with a bank guarantee 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 concerned.

Prior to release of the vehicle a Panchnama shall be

Patna High Court Cr. WJC No.2455 of 2018(2) dt.10-10-2018 3/3 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