Allowed

Badri Narayan Tiwary v. The State of Bihar and Ors.

Patna HC5 Mar 2019CWJC/3711/2019

Case brief

AI extract

What is this about?

In a writ petition under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 involving the provisional release of a seized motorcycle linked to an IMFL case, the Court directed the return of the vehicle upon production of ownership documents, insurance, two sureties, and specific undertakings within 14 days.

What did the court decide?

Provisional release of the Volkswagen Pulsar Motorcycle (BR-24R 4677) allowed within 14 days upon submission of ownership documents, two sureties, and specific undertakings.

Badri Narayan Tiwary Vs The State of Bihar and… — Pension and Retirement Benefits | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3711 of 2019

¶2

======================================================

¶3

Badri Narayan Tiwary (Male), aged about 33 years, Son of Sheri Lal Mohan Tiwary, Resident of Village and P.O.- Jamuhara, P.S.- Tilauthu, DistrictRohtas.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Chief Secretary, Department of Prohibition and Excise, Govt. of Bihar, Patna.

¶7

The District Magistrate-cum-Collector, Rohtas at Sasaram.

¶8

The Superintendent of Police, Dehri, Rohtas.

¶9

The S.H.O.

¶10

... ... Respondent/s

¶11

====================================================== Appearance : For the Petitioner/s : Dr. Chandra Shekhar Azad, Advocate For the Respondent/s : Mr. Kumar Manish (SC5) ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

¶13

Date : 05-03-2019

¶14

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the state.

¶15

The petitioner prays for provisional release of the Pulsar Motorcycle bearing Registration No. BR-24R 4677, which has been seized in connection with Excise Case No. 936 of 2018 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

¶16

It is stated by learned counsel for the petitioner that confiscation proceeding is pending and the vehicle is lying

¶17

Patna High Court CWJC No.3711 of 2019 dt.05-03-2019 2/3

¶18

under the open sky in the police station. The seizure list reflects the seizure of 375 ml. IMFL.

¶19

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-cum-Collector, Rohtas at Sasaram 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:

¶20

(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.

¶21

(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.

¶22

(iii) The petitioner shall furnish an undertaking to produce the vehicle before the confiscating authority as and when required.

¶23

Patna High Court CWJC No.3711 of 2019 dt.05-03-2019 3/3

¶24

(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the Collector-cum-District Magistrate, Rohtas at Sasaram, 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.

¶25

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 finalization of the confiscation proceeding.

¶26

With the observations/directions above, this writ petition is allowed.

¶27

(Jyoti Saran, J)

¶28

( Arvind Srivastava, J)

¶29

Shailendra/Nasimul

¶30

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	08.03.2019
Transmission Date	N/A

Badri Narayan Tiwary v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Badri Narayan Tiwary v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh Kumar Sharma @ Ramesh Kumar Vs The Union Of India and Ors.

Bishnu Deo Balmiki Vs The State of Bihar and Ors.

Munni Devi @ Munni Kumari Vs The State of Bihar and Ors.

Rajesh Kumar Vs The State of Bihar and Ors.

Amul Pandey Vs The State of Bihar and Ors.

Sunil Kumar Vs The State of Bihar and Ors.