Allowed

Md. Noman v. The State of Bihar and Ors.

Patna HC18 Apr 2019CWJC/5647/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking provisional release of a motorcycle seized for alleged excise offences. The court directed release upon submission of ownership proof and two sureties, along with specific undertakings regarding future conduct and production of the vehicle.

What did the court decide?

Provisional release of the seized motorcycle granted upon production of ownership, two sureties, and submission of specific undertakings within 14 days.

Md. Noman Vs The State of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5647 of 2019

¶2

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

¶3

Md. Noman, aged about 31 years, S/o Late Abdur Rahman @ Mannan, resident of Vill.- Matiyani, Ward No. 08, P.S.- Jokihat, Distt.-Araria

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Chief Secretary, Old Secretary, Bihar, Patna

¶7

The Principal Secretary, Excise Department, Govt. of Bihar

¶8

The Collector, Araria

¶9

The District Transport Officer, Araria

¶10

The Superintendent of Police, Araria

¶11

The Excise Superintendent of Police, Araria

¶12

The Station House Office, Jokihat, Police Station, Araria

¶13

The Motor Vehicle Inspector, Araria

¶14

... ... Respondent/s

¶15

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

¶16

Appearance :

¶17

For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate For the Respondent/s : Mr.Kumar Manish (SC5)

¶18

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

¶19

CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

¶20

HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT

¶21

(Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 18-04-2019

¶22

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

¶23

The petitioner prays for provisional release of the Motorcycle bearing Registration No. BR37N-7944, Chasis No. MDZA85CY1HCD02061, Engine No. PHYCHD31028 OWN, which has been seized in connection with Jokihat P.S. Case No. 300 of 2018 for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) and of the Bihar Prohibition and Excise Act.

¶24

Patna High Court CWJC No.5647 of 2019 dt.18-04-2019 2/3

¶25

Learned counsel appearing on behalf of the petitioner submits that he has no information about initiation of the confiscation. It is stated that the vehicle is lying in the police station. The seizure list reflects the seizure of 16.560 liters of IMFL.

¶26

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 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:

¶27

(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.

¶28

(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.

¶29

Patna High Court CWJC No.5647 of 2019 dt.18-04-2019 3/3

¶30

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

¶31

(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.

¶32

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 initiation and finalization of the confiscation proceeding.

¶33

With the observations/directions above, this writ petition is allowed.

¶34

(Jyoti Saran, J)

¶35

( Anjani Kumar Sharan, J)

¶36

Nasimul/-

¶37

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	24-04-2019
Transmission Date	N/A

Md. Noman v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Md. Noman 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

Parties & counsel

Coram

Case details

Similar cases

Sanjay Sinha Vs The State Of Bihar and Ors.

Shyam Lal Yadav Vs The State of Bihar

Dhanji Kumar Yadav Vs The Union of India

Krishna Pal Vs The State of Bihar and Ors.

Chhedi Mahto @ Chedi Mahto Vs The State Of Bihar and Ors.

Vinay Kumar Modi @ Binay Kumar Modi Vs The State of Bihar and Ors.