Allowed

Yogendra Mahto v. The State of Bihar and Ors.

Patna HC9 Apr 2019CWJC/5181/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a Mahindra Scorpio vehicle seized for liquor offences involving Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act. Court directed release upon production of ownership documents, surety, bank guarantee, and specific undertakings within 14 days.

What did the court decide?

Provisional release of seized vehicle within 14 days subject to security and undertakings.

Yogendra Mahto Vs The State of Bihar and Ors. — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5181 of 2019

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Yogendra Mahto, Son of Shree Dashai Mahto, Resident of Village- Mahaiya, P.O.- Komrown, P.S. Dalsingsarai, District- Samastipur.

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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 , Government of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The District Magistrate, Samastipur.

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The Superintendent of Police, Samastipur.

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The Sub Inspector Excise, Ujiyarpur.

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The A.S.I. cum SHO of Ujiyarpur Police Station, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binodanand Mishra For the Respondent/s : Mr.Vikash Kumar (Sc 11) ====================================================== 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 : 09-04-2019

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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 Mahindra Scorpio vehicle bearing Registration No.BR-33PA3808, Chasis No.MA1TA2TDKJ2C35210, Engine No.TDJ4C82058, which has been seized in connection with Ujiyarpur P.S. Case No.243of 2018 for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.5181 of 2019 dt.09-04-2019 2/4

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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 86.730 litres 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 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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(ii) That the petitioner shall not indulge in creating any third party right or interest in respect of the vehicle during the

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Patna High Court CWJC No.5181 of 2019 dt.09-04-2019 3/4

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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 designed 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 finalisation of the confiscation proceeding, if any. The title deed papers shall remain in safe custody of the Court below subject to final decision in the confiscation proceedings.

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Patna High Court CWJC No.5181 of 2019 dt.09-04-2019 4/4

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With the observations/directions above, this writ petition

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is allowed.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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sanjeev/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date 19/04/2019 Transmission Date NA

Yogendra Mahto v. The State of Bihar and Ors.

Case brief

What is this about?

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Yogendra Mahto v. The State of Bihar and Ors.

Case brief

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