Allowed

Sashikant Mukhiya v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna and O

Patna HC28 Aug 2018CR. WJC/2051/2018

Case brief

AI extract

What is this about?

This order grants provisional release of a seized motorcycle to the petitioner under Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016, subject to a bank guarantee and specific undertakings pending a larger Bench decision.

What did the court decide?

Provisional release of seized motorcycle within one week upon deposit of Rs. 50,000 surety and filing of undertaking regarding non-encumbrance and future production.

Sashikant Mukhiya Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2051 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- KALUAHI District- Madhubani

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Sashikant Mukhiya, son of Late Ram Autar Mukhiya, resident of Village-Rajnagar, P.S.-Rajnagar, District-Madhubani

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... ... Petitioner/s

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Versus

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The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna

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The Director General of Police, Government of Bihar, Patna

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The Inspector General, Darbhanga Commissionery, DistrictDarbhanga

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The Deputy Inspector General of Police, Darbhanga Commissionery, District-Darbhanga

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The Superintendent of Police, Madhubani, DistrictMadhubani

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The District Magistrate, Madhubani, District-Madhubani

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The Police-in-Charge of Kaluahi Police Station, DistrictMadhubani

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The Investigation Officer of Kaluahi Police Station Case No. 105 of 2018

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... ... Respondent/s ======================================= Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha For the Respondent/s : Mr. Anil Kumar Sinha (Ga-1)

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=======================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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ORAL ORDER

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2 28-08-2018 The petitioner seeks release of his Hero Honda

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Splendor Motorcycle bearing Reg. No. BR-32N-9816 which has been seized in connection with Kaluahi P.S.

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Patna High Court Cr. WJC No.2051 of 2018(2) dt.28-08-2018 2/4

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Case No. 105 of 2018 dated 12.06.2018 instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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It has been submitted on behalf of the petitioner that he is ready and willing to abide by the terms and conditions which may be imposed by this Court for the provisional release of the vehicle in question.

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The provisions under Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 relating to confiscation is under challenge and the matter is pending consideration before a larger Bench in Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.).

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Considering the facts and circumstances, pending initiation or finalization of the confiscation proceeding, let the vehicle of the petitioner be released provisionally within one week from the date of

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Patna High Court Cr. WJC No.2051 of 2018(2) dt.28-08-2018 3/4

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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) The petitioner shall furnish 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. 50,000/- (Rupees Fifty Thousands) to the

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satisfaction of the District Magistrate,

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Madhubani/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

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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

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Patna High Court Cr. WJC No.2051 of 2018(2) dt.28-08-2018 4/4

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authority/Court shall get prepared a photograph duly certified in presence of the petitioner and panchnama of

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the vehicle in question shall also be prepared and keep the same on record which may be used as secondary evidence.

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

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This order shall, however, be subject to the result of Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.).

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The application is, accordingly, allowed.

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(Ashutosh Kumar, J)

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Shageer/-

Sashikant Mukhiya v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna and O

Case brief

What is this about?

What did the court decide?

Sashikant Mukhiya v. The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna and O

Case brief

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What did the court decide?

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