Allowed

Lal Babu Sahani @ Lalbabu Sahni v. The State Of Bihar, Through The Principal Secretary, Registration, Excise And Prohibition Departmen

Patna HC26 Sept 2018CR. WJC/2248/2018

Case brief

AI extract

What is this about?

Single judge order allowing provisional release of a motorcycle seized for illicit liquor possession. Court directed release upon submission of two sureties and undertaking to not deal with or encumber the vehicle during pending proceedings.

What did the court decide?

Directions to release the impounded vehicle within a week upon submission of two sureties and undertaking to the court below.

Lal Babu Sahani @ Lalbabu Sahni Vs The State Of Bihar, Through The Principal Secretary, Registration, Excise And Prohibition Departmen — Patna HC (2018) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2248 of 2018

¶2

Arising out of Complaint Case No. C-2/284 of 2017, District Sitamarhi

¶3

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

¶4

Lal Babu Sahani @ Lalbabu Sahni, Son of Late Tunna Sahani @ Tuna Shahni, Resident of Village- Sursand, Ward No.7, Police Station- Sursand, District- Sitamarhi.

¶5

.... .... Petitioner

¶6

Versus

¶7

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

¶8

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

¶9

The Collector-cum-District Magistrate, Sitamarhi.

¶10

The Superintendent of Excise, Sitamarhi.

¶11

.... .... Respondents

¶12

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

¶13

Appearance :

¶14

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Respondent/s : Mr. Kumar Manish

¶15

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

¶16

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶17

2 26-09-2018 Heard learned counsel for the petitioner and learned

¶18

counsel representing the State.

¶19

The petitioner is seeking provisional release of the vehicle Hero Glamour Motorcycle bearing Reg.No.BR30N-4495, Chassis No.MBLJAO6AMGGG34552, Engine No.JAO6EJGGG43600, which has been seized in connection with Complaint Case No.C-2/284 of 2017, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act for

¶20

Patna High Court Cr. WJC No.2248 of 2018 (2) dt.26-09-2018

¶21

2/3

¶22

recovery of 4.5 liters illicit liquor from the vehicle in question.

¶23

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 vehicle in question.

¶24

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

¶25

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.

¶26

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

¶27

Patna High Court Cr. WJC No.2248 of 2018 (2) dt.26-09-2018

¶28

3/3

¶29

This application stands disposed off.

¶30

(Rajeev Ranjan Prasad, J)

¶31

Arvind/Ved/-

¶32

U T

Lal Babu Sahani @ Lalbabu Sahni v. The State Of Bihar, Through The Principal Secretary, Registration, Excise And Prohibition Departmen

Case brief

What is this about?

What did the court decide?

Lal Babu Sahani @ Lalbabu Sahni v. The State Of Bihar, Through The Principal Secretary, Registration, Excise And Prohibition Departmen

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

Similar cases

Kishuni Devi @ Bishuni Devi Vs The State Of Bihar and Ors.

Satinder Pal Singh Vs The Union Of India and Ors.

Mamta Kumari @ Mamta Gupta Vs Samant Kumar

Mukesh Kumar Vs The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

Jagdish Chander @ Jagdish Chander Hooda Vs The State Of Bihar Through Its Chief Secretary Old Secretariat, Patna and Ors.

Suresh Paswan Vs The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Deaprtment