Allowed

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

Patna HC10 Apr 2019CWJC/5371/2019

Case brief

AI extract

What is this about?

The Patna High Court directed the provisional release of a motorcycle seized by police during an investigation for smuggling prohibition goods. The court mandated production of ownership papers, surety, and a Bank Guarantee or title deed subject to confiscation proceedings initiation.

What did the court decide?

Provisional release of motorcycle BR 02 AC 8356 upon production of ownership/registration, surety, Bank Guarantee/Title Deed, and furnishing of specific undertakings to the Designated Court.

Mahesh Kumar @ Mahesh Chaudhary Vs The State of Bihar and… — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5371 of 2019

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Mahesh Kumar @ Mahesh Chaudhary, aged about 21 years (M), son of Chandradeo Chaudhary, Resident of Village- Sesari Rupanchak, P.S. Gurua, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department of, Bihar, Patna.

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The District Magistrate, Gaya.

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The Superintendent of Excise, Gaya.

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The S.H.O. of Gurua P.S., Gaya.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Respondent/s : Mr. Vivek Prasad (GP 7)

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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 : 10-04-2019

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

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The petitioner prays for provisional release of the Motorcycle bearing Registration No. BR 02 AC 8356, which has been seized in connection with Gurua P.S. Case No. 157 of 2018 for the offences punishable under Sections 272/273 of the Indian Penal Code and 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 in the police station. The seizure list reflects the seizure of 50 liters of Mahua.

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Patna High Court CWJC No.5371 of 2019 dt.10-04-2019 2/3

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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 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 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

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Patna High Court CWJC No.5371 of 2019 dt.10-04-2019 3/3

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

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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	17-04-2019
Transmission Date	N/A

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

Case brief

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

Case brief

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