Allowed

Chunmun Prasad v. The State Of Bihar and Ors.

Patna HC12 Mar 2019CWJC/3743/2019

Case brief

AI extract

What is this about?

The patna High Court allowed a writ petition praying for the provisional release of a seized motorcycle involved in liquor cases. The court directed release upon furnishing sureties and undertakings.

What did the court decide?

Provisional release of the seized motorcycle upon furnishing ownership, registration, two sureties, and executng specific undertakings regarding non-alienation and future usage.

Chunmun Prasad 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.3743 of 2019

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Chunmun Prasad, S/o Ramayan Prasad, Vill.- Daulatganj, P.S.- Bhagwan Bazar, Distt.- Saran at Chapra

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Excise Department, Bihar, patna

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The Excise Commissioner, New Secretariat, Patna, Bihar

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The District Magistrate-cum-Collector, Saran at Chapra

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The Superintendent of Police, Saran at Chapra

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The Deputy Superintendent of Police ,Saran at Chapra

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The Officer-in-Charge of Revilganj Police Station, Distt.- Saran at Chapra

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, 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) Date : 12-03-2019

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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 Hero Honda Splender Plus Motorcycle bearing Registration No. B.R.O.-45-6946, Chasis No. MBLHA10CGFHM08647, Engine No. HA10ERFHM06044, which has been seized in connection with Revilganj P.S. Case No. 83 of 2018 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

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Patna High Court CWJC No.3743 of 2019 dt.12-03-2019 2/3

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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 8 liters country 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 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:

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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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(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

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Patna High Court CWJC No.3743 of 2019 dt.12-03-2019 3/3

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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 submission of the sureties and the undertakings as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding.

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

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Nasimul/Shailendra

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	28-03-2019
Transmission Date	N/A

Chunmun Prasad v. The State Of Bihar and Ors.

Case brief

What is this about?

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Chunmun Prasad v. The State Of Bihar and Ors.

Case brief

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