Allowed

Amit Kumar Giri v. The State of Bihar

Patna HC29 Jul 2019CWJC/6250/2019

Case brief

AI extract

What is this about?

The High Court provisionally released a seized motorcycle used in a violation of the Bihar Prohibition and Excise Act, 2016, subject to conditions including furnishing sureties, ownership documents, and undertaking the vehicle was not alienated.

What did the court decide?

Provisional release of the seized motorcycle in favour of the petitioner upon submission of ownership documents and two sureties with conditions regarding future conduct.

Amit Kumar Giri Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6250 of 2019

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Amit Kumar Giri Son of Late Sampat Giri Resident of Village-Barhan Mahtia, P.S.-Siwan, District-Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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The Commissioner, Excise, Saran Division, Saran at Chapra

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The District Magistrate, Saran at Chapra

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The Superintendent of Police, Saran at Chapra

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Respondent/s : Mr.Kumar Manish (Sc5)

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 29-07-2019

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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 Splendor Pro Motorcycle bearing registration No. BR29M9514 which has been seized in connection with Khaira P.S. Case No. 113 of 2018 for the offences punishable under section 30 and 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

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Patna High Court CWJC No.6250 of 2019 dt.29-07-2019 2/3

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supports the seizure of the motorcycle and 15 litres of mahua 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 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 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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Patna High Court CWJC No.6250 of 2019 dt.29-07-2019 3/3

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(iv) Prior to release of the vehicle, a Panchanama would be 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, which would however be subject to initiation and finalization of the confiscation proceeding, if any.

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With the observations above, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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sushma/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	08.08.19
Transmission Date	NA

Amit Kumar Giri v. The State of Bihar

Case brief

What is this about?

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Amit Kumar Giri v. The State of Bihar

Case brief

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