Allowed

Rajesh Kumar v. The State of Bihar and Ors.

Patna HC5 Mar 2019CWJC/3712/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of a motorcycle seized in an excise case. The Court directed release upon production of ownership papers, surety, and a bank guarantee/title deed, subject to future confiscation proceedings.

What did the court decide?

Provisional release of the motorcycle on production of ownership documents, surety, bank guarantee or title deed, and furnishing of affidavits/undertakings.

Rajesh Kumar Vs The State of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3712 of 2019

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Rajesh Kumar, S/o Raj Deo Raj, aged about 23 years (M), resident of villageChakiya Tola Khashpur, P.S.-Maner, Distt.-Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Excise, Govt. of Bihar, Patna

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The Director General of Police Bihar, Patna

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The Inspector General of Police Patna

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The Collector-cum-District Magistrate Patna

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The Superintendent of Police Patna

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The Station Head Officer, Maner, Patna

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The I.O.-cum-Sub-Inspector of Police Maner, Patna

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Sunil Kumar Pandey, Advocate For the Respondent/s : Mr.Kumar Manish (SC5)

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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 : 05-03-2019

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The petitioner prays for provisional release of the Hero Splendor Black Motorcycle bearing Registration No. BR01CU- 9215, which has been seized in connection with

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Patna High Court CWJC No.3712 of 2019 dt.05-03-2019 2/4

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Maner P.S. Case No. 173 of 2017 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 petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 42 liters of Mahua 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 designated Court below with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, 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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Patna High Court CWJC No.3712 of 2019 dt.05-03-2019 3/4

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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 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 production of ownership/registration papers supporting the claim of the petitioner together with one surety along with the bank guarantee to the extent of the value of the vehicle as indicated in the insurance amount and the undertakings as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of

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Patna High Court CWJC No.3712 of 2019 dt.05-03-2019 4/4

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the Court below subject to final decision in the confiscation proceedings.

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With the observations/directions above, this writ

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petition is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Shailendra/Nasimul

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	11.03.2019
Transmission Date	N/A

Rajesh Kumar v. The State of Bihar and Ors.

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Rajesh Kumar v. The State of Bihar and Ors.

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