Allowed

Nandlal Kumar v. The State Of Bihar and Ors.

Patna HC11 Mar 2019CWJC/18175/2018

Case brief

AI extract

What is this about?

The petitioner filed a writ petition for provisional release of a seized motorcycle involved in liquor offences. The High Court directed the release subject to furnishing sureties and undertaking undertakings, with the discretion to forfeit upon final disposal.

What did the court decide?

Provisional release of the seized motorcycle on furnishing ownership proof, registration, two sureties, and necessary affidavits/undertakings within 14 days.

Nandlal Kumar Vs The State Of Bihar and Ors. — Criminal Trial and Appeal | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18175 of 2018

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Nandlal Kumar Son of Dukhit Purvey, Resident of Village-Madhiya, P.S.Sonbarsa, District-Sitamarhi.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Magistrate, Sitamarhi.

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The Superintendent of Police, Sitamarhi.

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The O/C Sonbarsa P.S., Sitamarhi.

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Ranji Sharma, Assistant Sub-Inspector, Sonbarsa P.S., Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Hans Lal Kumar For the Respondent/s : Mr.Kumar Manish -SC ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 11-03-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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The petitioner prays for provisional release of the Passion Pro Motorcycle bearing Registration No. BR-30F-7074, which has been seized in connection with Sonbarsa P.S. Case No. 33 of 2018 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects

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Patna High Court CWJC No.18175 of 2018 dt.11-03-2019 2/3

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the seizure of 9 liters of Nepali liquor.

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Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is pending, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the District Magistrate-cum-Collector, Sitamarhi with two sureties to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the sureties shall also furnish the following affidavits/undertakings:

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(i) That the vehicle in question has never been involved in any offence of similar nature in past and shall not indulge in similar offence in future.

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(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding and shall not alienate the vehicle during this period.

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(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

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(iv) Prior to release of the vehicle, the District

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Patna High Court CWJC No.18175 of 2018 dt.11-03-2019 3/3

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Magistrate-cum-Collector, Sitamarhi would got prepared a Panchanama wherein the photograph of the vehicle shall be taken and will be certified by the petitioner and the same shall be kept on record so that in future if so required, it may be used as a secondary evidence. The petitioner shall furnish an undertaking not to challenge the said Panchanama in course of trial.

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The release shall be allowed within a period of 14 days from the date of submission of the sureties and the undertakings as stated above. This release would, however, be subject to the final order passed in the confiscation proceeding.

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With the observations/directions above, this writ petition is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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mcv/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.03.2019
Transmission Date	NA

Nandlal Kumar v. The State Of Bihar and Ors.

Case brief

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Nandlal Kumar v. The State Of Bihar and Ors.

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