Allowed

Arun Kumar v. The State Of Bihar and Ors.

Patna HC22 Apr 2019CWJC/21951/2018

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Patna directed the provisional release of a motorcycle seized during liquor offence investigations pending confiscation proceedings. The court ordered the release on condition of ownership proof, sureties, and specific undertakings, including an undertaking not to challenge the Panchanama.

What did the court decide?

Provisional release of the seized motorcycle on submission of ownership documents, two sureties, and execution of specific undertakings within 14 days.

Arun Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21951 of 2018

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Arun Kumar, son of Bhadur Singh, Resident of Village- Chiraiyadih, P.S.Ankorhigola, District- Rohtas (Bihar).

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... ... Petitioner

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Versus

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

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The District Magistrate, District- Rohtas.

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The Superintendent of Police, District- Rohtas.

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The S.H.O. of Akori Gola (Dehri) Police Station District Rohtas.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Kamla Kant Pandey, Adv. For the Respondent/s : Mr. Vivek Prasad, GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 22-04-2019

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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 Model Bajaj Discover 125 motorcycle bearing registration No. BR 26M 5637, Engine No. JZYRHB 14173, Chasis No. MD2 A15by3 HRB64106, which has been seized in connection with Akyahigolal Dehri P.S. Case No. 215/2017 for the offences punishable under section 30(a)/34/47 of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 05 litres of Mahwa wine has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police

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Patna High Court CWJC No.21951 of 2018 dt.22-04-2019 2/3

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station. The seizure list supports the seizure of the motorcycle and 05 litres of Mahwa wine.

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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 Confiscating Authority i.e. District Magistrate, Rohtas with two sureties (one local) 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 further.

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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.21951 of 2018 dt.22-04-2019 3/3

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(iv) Prior to release of the vehicle, a Panchanama would be prepared by the Confiscating Authority i.e. District Magistrate, Rohtas 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, which would however be subject to initiation and finalization of the confiscation proceeding, if any.

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With the observations above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Anjani Kumar Sharan, J)

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Archana/

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Surendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	29.04.2019
Transmission Date	NA

Arun Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Arun Kumar v. The State Of Bihar and Ors.

Case brief

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