Allowed

Prem Shankar kumar v. The State of Bihar and Ors.

Patna HC12 Apr 2019CWJC/5450/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a motorcycle seized during an Excise Act case. The Court directed provisional release on production of ownership, registration, two sureties, and specific undertakings not to alienate the vehicle or challenge the Panchanama.

What did the court decide?

Provisional release of seized motorcycle granted within 14 days upon furnishing ownership papers, two sureties, and required undertakings.

Prem Shankar kumar Vs The State of Bihar and Ors. — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5450 of 2019

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Prem Shankar Kumar, Gender-male, aged about 33 years, S/o Vinod Prasad, resident of Village-Puraina, P.S. Yogapatti, District-West Champaran

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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, Government of Bihar, Patna

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The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna

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The District Magistrate, West Champaran at Bettiah

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The Superintendent of Police, Bettiah, West Champaran

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The Officer In Charge Chautarwa Police Station, District-West Champaran

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Sanjay Kumar No 7, Advocate Mr. Anant Kumar Mishra, 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)

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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 Hero Passion Pro Motorcycle bearing Registration No. BR22T3610, Chasis No. MABHA10A6EHH74249, Engine No. HA10ENEHH04214, which has been seized in connection with Yogapatti P.S. Case No. 226 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

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Patna High Court CWJC No.5450 of 2019 dt.12-04-2019 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 1.62 liters of 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, West Champaran at Bettiah 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

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Patna High Court CWJC No.5450 of 2019 dt.12-04-2019 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, West Champaran at Bettiah, 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

Prem Shankar kumar v. The State of Bihar and Ors.

Case brief

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Prem Shankar kumar v. The State of Bihar and Ors.

Case brief

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