Allowed

Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar and Ors.

Patna HC1 Apr 2019CWJC/18952/2018

Case brief

AI extract

What is this about?

The Patna High Court granted interim relief in a writ petition, directing the provisional release of a seized vehicle. The release was conditioned upon the furnishing of ownership documents, a surety, and a bank guarantee or title deed, alongside specific undertakings regarding future conduct and evidence preservation.

What did the court decide?

Provisional release of the seized vehicle (Tata Sumo Gold) upon furnishing ownership, surety, bank guarantee/title deed, and specific undertakings.

Raj Kumar @ Raj Kumar Yadav Vs The State Of Bihar and… — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18952 of 2018

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Raj Kumar @ Raj Kumar Yadav, S/o Kulendra Yadav, Resident of VillageLakshminiya Kanp, P.S.- Sour Bazar, District- Saharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.

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The Principal Secretary, Excise Department, Govt. of Bihar, Patna.

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The Commissioner, Koshi Division, Saharsa.

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The District Magistrate, Saharsa.

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The District Transport Officer, Saharsa.

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The Excise Superintendent, Saharsa.

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The Station House Officer, Sour Bazar, Police Station, District- Saharsa.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Respondent/s : Mr. Anil Kr. Sinha- GA1 ====================================================== 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 : 01-04-2019

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

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The petitioner prays for provisional release of the Tata Sumo Gold bearing Registration No. BR-19A-6661, which has been seized in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 62 of 2018, Spl. (Excise) Case No.59 of 2018 for

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the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

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Patna High Court CWJC No.18952 of 2018 dt.01-04-2019 2/4

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It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 117 liters of IMFL.

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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 yet to be initiated, 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 designated Court below with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, 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

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Patna High Court CWJC No.18952 of 2018 dt.01-04-2019 3/4

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any third party right or interest in respect of the vehicle during the pendency of the confiscation proceeding, if any, 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, a Panchanama would be got prepared by the designated Court below, 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release would, however, be subject to initiation and finalisation of the confiscation proceeding. The title deed papers shall remain in safe custody

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Patna High Court CWJC No.18952 of 2018 dt.01-04-2019 4/4

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of the designated Court below subject to final decision in the confiscation proceedings.

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With the observations/directions above, this writ

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petition is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Nasimul/Shailendra

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	09-04-2019
Transmission Date	N/A

Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar and Ors.

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Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar and Ors.

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