Allowed

Sanjay Yadav @ Sanjay Kumar Yadav v. The State of Bihar and Ors.

Patna HC10 Apr 2019CWJC/5340/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed a petition seeking provisional release of a seized vehicle in an excise case. The court directed release upon submission of ownership papers, a surety, and a bank guarantee or property title deed, along with specific undertakings.

What did the court decide?

Provisional release of the seized vehicle allowed subject to production of ownership documents, surety, bank guarantee, and undertakings.

Sanjay Yadav @ Sanjay Kumar Yadav Vs The State… — Pension and Retirement Benefits | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5340 of 2019

¶2

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

¶3

Sanjay Yadav @ Sanjay Kumar Yadav, Male, aged about 25 years, Son of Raghunandan Yadav, Resident of Village-Pauni, Police Station - Ghanshyampur, District-Darbhanga presently residing at L-1-2574, Gali No. -3 Ekta Chok Asthal Mandir, Sangam Vihar, P.S.-Sangam Vihar, DistrictSouth Delhi (Delhi) - 110062

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principle Secretary, Department of Excise and Prohibition, Government of Bihar, Patna.

¶7

The District Magistrate, Muzaffarpur.

¶8

The Senior Superintendent of Police, Muzaffarpur.

¶9

The S.H.O. - cum- Officer in-charge of Ahiyapur Police Station, DistrictMuzaffarpur

¶10

... ... Respondent/s

¶11

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

¶12

Appearance : For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate For the Respondent/s : Mr. Anil Kumar Sinha (GA1) ======================================================

¶13

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

¶14

Date : 10-04-2019

¶15

Heard learned counsel for the petitioner and learned counsel for the State.

¶16

The petitioner prays for provisional release of the Module Maruti Suzuki Swift Dzire, Colour - white bearing Registration No. DL1ZB4955, Engine No. K12MN2059486, Chasis No. MA3EJKD1S00B18813, which has been seized in connection with Ahiyapur P.S. Case No. 21 of 2019 for the offences punishable under Sections 272, 273 of the Indian

¶17

Patna High Court CWJC No.5340 of 2019 dt.10-04-2019 2/4

¶18

Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

¶19

It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying in the police station. The seizure list reflects the seizure of 75 liters of IMFL.

¶20

Having heard learned counsel for the parties and taking note of the nature of seizure made, 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 (local) 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:

¶21

(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.

¶22

(ii) That the petitioner shall not indulge in creating

¶23

Patna High Court CWJC No.5340 of 2019 dt.10-04-2019 3/4

¶24

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.

¶25

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

¶26

(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.

¶27

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 (local) 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

¶28

Patna High Court CWJC No.5340 of 2019 dt.10-04-2019 4/4

¶29

safe custody of the designated Court below subject to final decision in the confiscation proceedings.

¶30

With the observations/directions above, this writ

¶31

petition is allowed.

¶32

(Jyoti Saran, J)

¶33

( Arvind Srivastava, J)

¶34

Nasimul/Shailendra

¶35

AFR/NAFR NAFR CAV DATE N/A Uploading Date 17-04-2019 Transmission Date N/A

Sanjay Yadav @ Sanjay Kumar Yadav v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sanjay Yadav @ Sanjay Kumar Yadav 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

Amarjeet Mahto@ Amarjit Kumar, Vs The State of Bihar

Yogendra Mahto Vs The State of Bihar and Ors.

Sandeep Jaiswal @ Sanjeev Jaiswal Vs The State of Bihar and Ors.

Happy Science Bodhgaya India Vs The Commissioner of Income Taxes, Bihar, Patna and Ors.

Jhorik Prasad Vs The State of Bihar and Ors.

Mahesh Kumar @ Mahesh Chaudhary Vs The State of Bihar and Ors.