Allowed

Bhola Kumar @ Sharvan Kumar v. The State of Bihar

Patna HC16 Dec 2019CWJC/19907/2019

Case brief

AI extract

What is this about?

The High Court of Patna allowed a writ petition seeking provisional release of a seized auto rickshaw. The court directed release upon production of ownership documents, two sureties, and specific undertakings regarding the vehicle's use and non-alienation during pending confiscation proceedings.

What did the court decide?

Provisional release of the seized auto rickshaw ON production of ownership and registration, two sureties, and specific undertakings within 14 days.

Bhola Kumar @ Sharvan Kumar Vs The State of Bihar — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19907 of 2019

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Bhola Kumar @ Sharvan Kumar, aged about 20 years, Male, S/o Mahendra Choudhary, Resident of Village- Rasulpur, Post.- Jat Dumari, P.S.- Punpun, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna

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The District Magistrate, Patna

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The Superintendent of Police, Patna

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The Excise Officer, Patna

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The S.I., Excise Officer, Patna, Distt.- Patna

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Ram Naresh Ray, Advocate For the Respondent/s : Mr.Vivek Prasad ( GP7 )

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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 the Auto Rickshaw bearing Registration No. BR01B-X0341, which has been seized in connection with Phulwari P.R. No.114 of 2019 for the offences punishable under Sections 30(a), 56(b) 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

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Patna High Court CWJC No.19907 of 2019 dt.16-12-2019 2/3

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under the open sky in the police station. The seizure list reflects the seizure of 35 liters of Toddy.

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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, Patna 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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Patna High Court CWJC No.19907 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 District Magistrate, Patna, 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 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

Bhola Kumar @ Sharvan Kumar v. The State of Bihar

Case brief

What is this about?

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Bhola Kumar @ Sharvan Kumar v. The State of Bihar

Case brief

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What did the court decide?

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