Allowed

Prem Keshri @ Prem Kumar Keshri v. The State Of Bihar and Ors.

Patna HC19 Apr 2019CWJC/5687/2019

Case brief

AI extract

What is this about?

This writ petition sought provisional release of a Mahindra Scorpio seized during a prohibition case. The court granted the order, allowing release subject to the furnishing of ownership documents, a surety with a bank guarantee, and specific undertakings.

What did the court decide?

Provisional release of the seized vehicle in favour of the petitioner on security of a bank guarantee or title deed along with necessary undertakings.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5687 of 2019

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Prem Keshri @ Prem Kumar Keshri, aged about 58 years, Male, S/o Late Jagarnath Prasad Keshri, R/o Village-Bakhari,P.S. Bakhari,Ward No.8,Ishmail Nagar,Dist.-Begusarai,Bihar

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary,Excise Department,Govt. of Bihar,Patna

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The Collector-cum-District Magistrate,Samastipur

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The Superintendent of Police, Samastipur

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The SHO,Town Police Station, Samastipur

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Yogendra Kumar Singh, Advocate For the Respondent/s : Mr.Kumar Manish ( SC5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

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HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 19-04-2019

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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 Mahindra Scorpio bearing Registration No. BR-09R-7707, Chassis No. MA1TA2GMKB2L41410,Engine No. GMB4L61473, which has been seized in connection with Town P.S. Case No. 253 of 2018 (G.R. No. 1199 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.5687 of 2019 dt.19-04-2019 2/4

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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 171 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 Collect orCum-District Magistrate, Samastipur 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

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Patna High Court CWJC No.5687 of 2019 dt.19-04-2019 3/4

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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 when required.

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(iv) Prior to release of the vehicle, a Panchanama would be got prepared by the Collector-Cum-District Magistrate, Samastipur, 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 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 finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the Confiscating

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Patna High Court CWJC No.5687 of 2019 dt.19-04-2019 4/4

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Authority subject to final decision in the confiscation proceedings.

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With the observations/directions above, this writ

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petition is allowed.

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(Jyoti Saran, J)

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( Anjani Kumar Sharan, J)

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Nasimul/-

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

Prem Keshri @ Prem Kumar Keshri v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Prem Keshri @ Prem Kumar Keshri v. The State Of Bihar and Ors.

Case brief

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