Allowed

Rani Kumari v. The State Of Bihar and Ors.

Patna HC7 Feb 2019CWJC/2308/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a motorcycle seized in connection with an offence of drunken driving. The Court directed release upon furnishing ownership proof, relying on a precedent noting no recovery justified no surety bond.

What did the court decide?

Provisional release of the seized motorcycle within a week on production of ownership documents and registration certificate; no surety bond required.

Rani Kumari 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.2308 of 2019

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Rani Kumari (Female, aged about 28 years), Wife of Vinay Kumar, Resident of Village- Lakshmi Bigaha, Police Station- Nagar Nausa, District- Nalanda

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... ... Petitioner

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Versus

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

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The District Magistrate-cum-Collector, Sheikhpura, District- Sheikhpura

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The Superintendent of Police, Sheikhpura, District- Sheikhpura

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The Excise Superintendent of Police, Sheikhpura, District- Sheikhpura

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The Deputy Superintendent of Police, Sheikhpura, District- Sheikhpura

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The Inspector of Police, Sheikhpura, District- Sheikhpura

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The S.H.O., Karande Police Station, District- Sheikhpura

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.. ... Respondents

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Appearance : For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Respondent/s : Mr. Vivek Prasad, GP 7

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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 : 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 his motorcycle bearing registration No. BR01CF-8912, which has been seized in connection with Karande P.S. Case No. 21/2018 for the offences punishable under Sections 272/273 and 188 of the Indian Penal Code read with Section 20(a) of the Bihar Prohibition and Excise Act, 2016.

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The allegation against the petitioner is of drunken driving and in such condition, the vehicle has been seized. Undisputedly, there is no recovery from the vehicle as it is also confirmed from the seizure list.

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Patna High Court CWJC No.2308 of 2019 dt.07-02-2019 2/2

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Having heard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. the State of Bihar through the Principal Secretary, Excise Department & Ors. Reported in 2018 (3) PLJR 403, we direct for release of the vehicle in question in favour of the petitioner within a week on furnishing/production of the document showing the ownership of the vehicle and registration certificate in the name of the petitioner supporting the claim of the petitioner before the Officer-in-Charge, Karande Police Station as because neither the F.I.R. nor the seizure list reflects any reason for proceeding to be continued against the vehicle in question.

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Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon’ble Division Bench of this Court.

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With the observations/directions above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Archana/ Surendra/-

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

Rani Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Rani Kumari v. The State Of Bihar and Ors.

Case brief

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