Allowed

Pradeep Kumar Sahani v. The State Of Bihar and Ors.

Patna HC7 Feb 2019CWJC/2287/2019

Case brief

AI extract

What is this about?

The High Court granted provisional release of a motorcycle seized under the Bihar Prohibition and Excise Act, 2016, subject to production of ownership documents, sureties, and affidavits as conditions.

What did the court decide?

Direction for provisional release of the seized motorcycle upon production of ownership, registration, two sureties, and execution of affidavits and Panchanama.

Pradeep Kumar Sahani Vs The State Of Bihar and Ors. — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2287 of 2019

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Pradeep Kumar Sahani, aged about 26 years Male, son of Sonalal Sahni resident of village-Chichurahiya,P.S- Banjariya District- East champaran

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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, Bihar at Patna

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The District Magistrate, East Champaran at Motihari

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The Superintendent of Police, East champaran at Motihari

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The Excise superintendent East champaran at Motihari

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The Officer-in-Charge, P.S- Lakhoura,District- East champaran

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... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Pandey For the Respondent/s : Mr. Kumar Manish (Sc5) ====================================================== 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 : 07-02-2019

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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 motorcycle bearing registration No. BR-05N-1802, Engine No. JA12ABEGA13861, Chasis No. MBLJA12ACEGA11032, which has been seized in connection with Lakhaurra P.S. Case No. 504/2018 for the offences punishable under section 30(A) of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 10 litres of Country made liquor has been seized; the confiscation

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Patna High Court CWJC No.2287 of 2019 dt.07-02-2019 2/3

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proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 10 litres of Country made liquor.

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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 court below 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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Patna High Court CWJC No.2287 of 2019 dt.07-02-2019 3/3

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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 prepared by the 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, 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 allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Surendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.02.2019
Transmission Date	NA

Pradeep Kumar Sahani v. The State Of Bihar and Ors.

Case brief

What is this about?

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Pradeep Kumar Sahani v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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