Allowed

Rakesh Kumar Sah, v. The State of Bihar

Patna HC16 Dec 2019CWJC/19904/2019

Case brief

AI extract

What is this about?

In a writ petition challenging the seizure of a motorcycle under the Bihar Prohibition and Excise Act, 2016, the High Court directed the provisional release of the vehicle upon submission of ownership documents, sureties, and undertaking to produce it during confiscation proceedings.

What did the court decide?

Provisional release of the seized motorcycle allowed upon production of ownership, sureties, and undertaking to produce the vehicle during confiscation proceedings.

Rakesh Kumar Sah, Vs The State of Bihar — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19904 of 2019

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Rakesh Kumar Sah, Gender, Male, aged about 31 years, son of Jokhu Sah, resident of village Shivrajpur, Ward No. 6, Police Station- Nautan, DistrictWest Champaran.

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... ... Petitioner/s

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Versus

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

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The District Magistrate Cum Collector, Bettiah, West Champaran.

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The Superintendent of Police, Bettiah, West Champaran.

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The Officer in charge, Police Station- Nautan, District- West Champaran.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar No.7, Advocate For the Respondent/s : Mr.Vikash Kumar ( SC11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and

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HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)

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Date : 16-12-2019

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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 Hero Super Splendor Motorcycle bearing Registration No. BR22R8444, which has been seized in connection with Nautan P.S. Case No. 148 of 2019 for the offences punishable under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

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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

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Patna High Court CWJC No.19904 of 2019 dt.16-12-2019 2/3

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lying under the open sky in the police station. The seizure list reflects the seizure of 11.625 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 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, 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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Patna High Court CWJC No.19904 of 2019 dt.16-12-2019 3/3

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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 submission of the sureties and the undertakings as stated above. This release of the vehicle would, however, be subject to initiation and finalization of the confiscation proceeding.

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

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(Shivaji Pandey, J)

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( Anjani Kumar Sharan, J)

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Nasimul/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	21-12-2019
Transmission Date

Rakesh Kumar Sah, v. The State of Bihar

Case brief

What is this about?

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Rakesh Kumar Sah, v. The State of Bihar

Case brief

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What did the court decide?

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