Allowed

Uday kumar v. The State of Bihar and Ors.

Patna HC14 Mar 2019CWJC/4487/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking provisional release of a vehicle seized in connection with alleged intoxicant offences. The court directed release upon submission of ownership documents, registration, sureties, and specific undertakings.

What did the court decide?

Provisional release of the vehicle on submission of ownership, registration, sureties, and undertakings within 14 days.

Uday kumar 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.4487 of 2019

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Uday kumar, aged about 36 years, Gender – Male, Son of Prem Kumar, Resident of - 28 Shyam Vihar Main 25 Futta Rd. najaf Garh, Phase-1, P.S. and District- Najafgarh, Delhi 110043

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... ... Petitioner/s

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Versus

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

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The District Magistrate, East Champaran, Motihari

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The Superintendent of Police, East Champaran, Motihari

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The Officer in Charge, Dumariyaghat Police Station, District- East Champaran, Motihari

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar, 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 : 14-03-2019

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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 Maruti Car bearing Registration No. DL1Z 6506, Chasis No. K12MN1685817, Engine No. MA3EJKD1S00848085, which has been seized in connection with Dumariyaghat P.S. Case No. 217 of 2018 for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 37(a)(b)(c) 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.4487 of 2019 dt.14-03-2019 2/3

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confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 750 ml. IMFL.

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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 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, East Champaran, Motihari with two (local) 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 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.4487 of 2019 dt.14-03-2019 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 District Magistrate, East Champaran, Motihari, 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 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	03-04-2019
Transmission Date	N/A

Uday kumar v. The State of Bihar and Ors.

Case brief

What is this about?

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Uday kumar v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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