Disposed

Bhola Choudhary v. The State Of Bihar, Through The Principal Secretary, Department Of Excise And Prohibition and Ors.

Patna HC2 Jul 2018CR. WJC/1412/2018

Case brief

AI extract

What is this about?

The High Court granted provisional release of a seized auto rickshaw to the petitioner subject to furnishing a bank guarantee, executing an undertaking, and certifying a photograph of the vehicle pending finalization of the offence under the Bihar Prohibition and Excise Act.

What did the court decide?

Provisional release of the seized vehicle (Tempo) within one week subject to furnishing a bank guarantee/deposit of Rs. 2,00,000/-, executing an undertaking, and certification of a vehicle photograph.

Bhola Choudhary Vs The State Of Bihar, Through The… — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1412 of 2018

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Bhola Choudhary S/o Late Wakil Chaudhary, R/o Vill.- Jamalpur, P.S.Nasriganj, District- Rohtas.

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.... .... Petitioner

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Versus

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

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The Commissioner, Excise, Bihar, Patna.

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The Offcer In Charge, Sasaran (Tilauthu), P.S.- Rohtas.

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.... .... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Mishra For the Respondent/s : Mr. Vivek Prasad (Gp-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 02-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

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Petitioner has prayed for release of the vehicle Tempo (Auto Rickshaw) bearing Reg. No. BR-24P 6977, which has been seized by the police in connection with Sasaram (Tilouthu) P.S. Case No. 449 of 2017, District- Rohtas, Sasaram for the offence under Sections 30(a), 34/35 of the Bihar Prohibition and Excise Act, 2016. It is alleged that 47 liters of foreign liquor have been recovered from the vehicle in question.

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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

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Patna High Court Cr. WJC No.1412 of 2018 (2) dt.02-07-2018

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Page 2 of 3

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vehicle in question.

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Considering the facts and circumstances, pending finalization of confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of production of proof of ownership and registration of the vehicle in favour of the petitioner subject to the following conditions:-

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(i) Petitioner shall furnish a surety in form of a bank guarantee or by deposit of original title deeds of immovable property lying within the jurisdiction of the authority concerned or any other security of like nature valued at Rs. 2,00,000/- (two lakhs) to the satisfaction of the District Magistrate, Rohtas, Sasaram/authority concerned.

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(ii) The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority.

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(iii) At the time of release, the concerned authority/court shall get prepared a photograph duly certified in presence of the petitioner and Panchnama of the vehicle in question shall also be prepared and keep the same on record which may be used as

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Patna High Court Cr. WJC No.1412 of 2018 (2) dt.02-07-2018

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Page 3 of 3

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secondary evidence.

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(iv) Petitioner undertakes not to challenge the said photograph and Panchnama so prepared in his presence at the time of release of vehicle in question for use in course of trial or the confiscation proceeding, as the case may be.

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The application stands disposed of.

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(Rajeev Ranjan Prasad, J)

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A.K.V./-

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U T

Bhola Choudhary v. The State Of Bihar, Through The Principal Secretary, Department Of Excise And Prohibition and Ors.

Case brief

What is this about?

What did the court decide?

Bhola Choudhary v. The State Of Bihar, Through The Principal Secretary, Department Of Excise And Prohibition and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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