Allowed

Bandana Devi v. The State of Bihar and Ors.

Patna HC12 Apr 2019CWJC/5399/2019

Case brief

AI extract

What is this about?

Writ petition for provisional release of a Bullet Motorcycle seized in connection with an offence under the Bihar Prohibition and Excise Act. The court directed release contingent on submission of ownership, registration, and two sureties.

What did the court decide?

Provisional release of the seized motorcycle allowed on submission of ownership, registration, two sureties, and specific undertakings.

Bandana Devi Vs The State of Bihar and Ors. — Patna HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5399 of 2019

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Bandana Devi, aged about 45 years, Gender-Female, W/o Chunchun Singh, Resident of Villate-Bhatkhori,Ward No.6, P.S. Murliganj,Dist.-Madhepura

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home Department,Bihar,Patna

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The Principal Secretary, Excise Department,Bihar,Patna

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The District Magistrate-cum- Collector,Madhepura

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The Superintendent of Police, Madhepura

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The Officer-in-Charge, P.S. Murliganj,Madhepura

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Biresh Kumar Sinha, Advocate For the Respondent/s : Mr. Kumar Manish (SC 5)

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====================================================== 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 : 12-04-2019

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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 Bullet Motorcycle 350cc bearing Registration No. BR19L-7847, which has been seized in connection with Murliganj P.S. Case No. 298 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 confiscation proceeding is pending and the vehicle is lying

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Patna High Court CWJC No.5399 of 2019 dt.12-04-2019 2/3

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under the open sky in the police station. The seizure list reflects the seizure of 10 liters of 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 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-cum-Collector, Madhepura 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 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

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Patna High Court CWJC No.5399 of 2019 dt.12-04-2019 3/3

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when required.

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(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the District Magistrate-cumCollector, Madhepura, 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	22-04-2019
Transmission Date	N/A

Bandana Devi v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Bandana Devi v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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