COURT OF JUDICATURE AT PATNA Criminal Writ…
Release of seized motorcycle on furnishing two sureties for the vehicle's value and submitting an undertaking not to deal with or encumber the vehicle during proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2228 of 2018
Arising Out of PS. Case No.-134 Year-2018 Thana- ARA MUFFSIL District- Bhojpur
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Sarwan Kumar Singh Son of Kashi Nath Singh, resident of Village- Himatpur, Police Station- Arrah Muffasil, District- Bhojpur.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Respondent/s : Mr. Kumar Manish (Sc-5) ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 25-09-2018
Heard learned counsel for the petitioner and learned
counsel representing the State.
The petitioner is seeking provisional release of the vehicle (Motorcycle) Platina Bajaj bearing Registration No. BR3D-5040 which has been seized in connection with Arrah Muffasil (Dhobaha) P. S. Case No. 134 of 2018 registered for the offence under Section 30 (a) of the Bihar Prohibition & Excise Act for recovery of 10.8 liter illicit liquor 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.2228 of 2018(2) dt.25-09-2018 2/2
release 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/ finalisation of confiscation proceeding, 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 District Magistrate, Bhojpur, Arrah. Apart from the above, the petitioner shall be obliged to submit an undertaking before the District Magistrate, Bhojpur, Arrah 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.
Let the vehicle be released within a week after submission of the two sureties as indicated above.
This application stands disposed off.
(Rajeev Ranjan Prasad, J)
avin/- U T
1 issue framed by the court
Whether the seized motorcycle should be released provisionally pending finalisation of confiscation proceedings.
1 provisions across 1 enactments
Sarwan Kumar Singh
State of Bihar through the Principal Secretary, Excise Department, Bihar
District Magistrate, Bhojpur, Arrah
Superintendent of Police, Bhojpur
Officer-in-charge Police Station- Arrah Muffasil
Rajeev Ranjan Prasad
As recorded by the court registry
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