Allowed

Rahul Kumar v. The State of Bihar and Ors.

Patna HC23 Apr 2019CWJC/6007/2019

Case brief

AI extract

What is this about?

This writ petition sought provisional release of a motorcycle seized during liquor offences in Muzaffarpur. The High Court allowed the petition, directing release against a bond and undertaking that confiscation proceedings remain pending.

What did the court decide?

Provisional release of the seized motorcycle subject to bond, undertakings, and conditional maintenance of ownership records pending confiscation proceedings.

Rahul Kumar Vs The State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6007 of 2019

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Rahul Kumar (Male), aged about 27 years, Son of Raj Kumar Rai, Resident of Village-Shekhpura, Akharaghat Road, Behind Om Building, P.S.-Sakra, District-Muzaffarpur-842002.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The District Magistrate, Muzaffarpur.

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The Superintendent of Police, Muzaffarpur.

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The Deputy Superintendent of Police, Muzaffarpur.

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The Officer-in-Charge, Sakra Police Station, District Muzaffarpur.

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The District Excise Officer, Muzaffarpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kishore Thakur, Advocate For the Respondent/s : Mr.Vikash Kumar (SC11)

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

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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 : 23-04-2019

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Leave is granted to the learned counsel for the petitioner to

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correct the liquor seized as occurring in paragraph-4 of the writ petition during the course of day.

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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 motorcycle (Bullet) bearing Registration No.BR06AR8371, which has been seized in connection with Sakra P.S. Case No. 559 of 2018 for the offences punishable under Sections 272, 273, 147, 148, 149, 341, 323, 427,

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Patna High Court CWJC No.6007 of 2019 dt.23-04-2019 2/3

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353, 379, 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

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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 under the open sky in the police station. The seizure list reflects the seizure of 360 ml. 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 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:

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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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Patna High Court CWJC No.6007 of 2019 dt.23-04-2019 3/3

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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 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 of the vehicle would, however, be subject to initiation and 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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( Anjani Kumar Sharan, J)

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amit/-nasimul

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	03.05.2019
Transmission Date	N/A

Rahul Kumar v. The State of Bihar and Ors.

Case brief

What is this about?

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Rahul Kumar v. The State of Bihar and Ors.

Case brief

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