Allowed

Sunil Kumar v. The State Of Bihar and Ors.

Patna HC15 Apr 2019CWJC/21154/2018

Case brief

AI extract

What is this about?

The High Court allowed a writ petition for provisional release of a motorcycle seized in connection with liquor possession. The court directed release upon production of ownership documents, registration, two sureties, and submission of specific undertakings regarding future conduct and availability of the vehicle

What did the court decide?

Provisional release of the seized motorcycle conditioned on production of ownership, registration, two sureties, and affidavit undertakings regarding the vehicle's use and availability.

Sunil Kumar Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21154 of 2018

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Sunil Kumar S/o Pradeep Sao, Resident of Village- Naya Bazar, Near the P.N.B. Bank, P.S. + District- Lakhisarai.

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... ... Petitioner/s

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Versus

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

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The Director General of Police, Bihar, Patna.

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The Inspector General, Bhagalpur Bihar.

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The Deputy Inspector General, Munger, Bihar.

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The Collector, Lakhisarai.

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The Superintendent of Police, Lakhisarai.

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The Police Inspector, Lakhisarai, Circle, District- Lakhisarai.

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The S.H.O., Police Station- Chanan, District- Lakhisarai.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar- SC11

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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 : 15-04-2019

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None appears on behalf of the petitioner. Learned counsel for the State is present.

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The prayer is for provisional release of the Motorcycle bearing Registration No. WB-06-6842, which has been seized in connection with Chanan P.S. Case No. 94 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 State that

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Patna High Court CWJC No.21154 of 2018 dt.15-04-2019 2/3

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confiscation proceeding is yet to be initiated but the seizure list reflects the seizure of 5 liters of country liquor.

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Having heard learned counsel for the State 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

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Patna High Court CWJC No.21154 of 2018 dt.15-04-2019 3/3

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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 submission of the sureties and the undertakings as stated above. This release 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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(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	22-04-2019
Transmission Date	N/A

Sunil Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Sunil Kumar v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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