Allowed

Mithun Mandal @ Mithun Kumar Mandal @ Mithun Kumar v. The State Of Bihar Through The Principal Secretary, Excise Department, Patna, Bihar and Ors.

Patna HC24 Sept 2018CR. WJC/2111/2018

Case brief

AI extract

What is this about?

The petitioner sought provisional release of a motorcycle seized for manufacturing illicit liquor. The Court directed release upon furnishing two sureties and submitting an undertaking against dealing with or encumbering the vehicle and producing it when required.

What did the court decide?

Vehicle released within a week on furnishing two sureties and submitting an undertaking against dealing with or encumbering it and obligation to produce it upon demand.

Mithun Mandal @ Mithun Kumar Mandal @ Mithun Kumar Vs The State Of Bihar Through The Principal Secretary, Excise Department, Patna, Bihar and Ors. — Patna HC (2018) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2111 of 2018

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Arising Out of PS. Case No.-75 Year-2018 Thana- PRANPUR District- Katihar

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

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MITHUN MANDAL @ MITHUN KUMAR MANDAL @ MITHUN KUMAR

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Katihar

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The Superintendent of Police, Katihar

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The S.H.O. Pranpur (Roshna) Police Station, katihar

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Respondent/s : Mr. Vivek Prasad (Gp 7) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 24-09-2018

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Heard learned counsel for the petitioner and learned counsel representing the State.

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The petitioner is seeking provisional release of the vehicle (Motorcycle) bearing Registration No. BR-39W-3799 which has been seized in connection with Pranpur (Roshna) P. S. Case No. 75 of 2018 registered for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30 (a) of the Bihar Prohibition & Excise Act for recovery of 17.250 liter illicit liquor 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

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Patna High Court Cr. WJC No.2111 of 2018(2) dt.24-09-2018 2/2

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release of the vehicle in question.

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Learned counsel for the petitioner submits that no confiscation proceeding has been initiated.

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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, this Court would direct release of the vehicle in question on petitioner furnishing two sureties for the value of the vehicle in question as indicated in the insurance document to the satisfaction of the court below. Apart from the above, the petitioner shall be obliged to submit an undertaking before the learned court below that during the pendency of the confiscation proceeding he would not deal with the vehicle in question and shall not create any kind of encumbrance whatsoever and no third party right or interest shall be created. He would also undertake to produce the vehicle in question as and when required by the authority concerned.

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Let the vehicle be released within a week after submission of the two sureties as indicated above.

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This application stands disposed off.

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(Rajeev Ranjan Prasad, J)

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avin/- U T

Mithun Mandal @ Mithun Kumar Mandal @ Mithun Kumar v. The State Of Bihar Through The Principal Secretary, Excise Department, Patna, Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mithun Mandal @ Mithun Kumar Mandal @ Mithun Kumar v. The State Of Bihar Through The Principal Secretary, Excise Department, Patna, Bihar 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

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