Allowed

Pushpa Devi v. The State of Bihar

Patna HC4 Apr 2019CWJC/6683/2019

Case brief

AI extract

What is this about?

=Petitioner sought provisional release of a seized motorcycle involved in liquor offence. Court allowed release provisionally upon submission of ownership documents, two sureties, and specific undertakings including non-alienation of the vehicle.

What did the court decide?

=Provisional release of seized motorcycle on production of ownership/registration details and two sureties, subject to undertaking not to alienate the vehicle and confine its use.

Pushpa Devi Vs The State of Bihar — Motor Accident Claims | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6683 of 2019

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Pushpa Devi w/o Bashishtha Pandey R/O Village- Pachbeniya-Kasila P.SAshaown Dist- Siwan

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Siwan- Bihar

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The Superintendent of Police, Siwan Bihar

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The Officer In-charge Ashaown P.S- Siwan Bihar

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... ... Respondent/s

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Appearance :

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For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate. For the Respondents : Mr. Vivek Prasad (GP-7)

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 04-04-2019

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Waiving of the defects pointed by office, we have considered the writ petition on merits, with consent of the parties.

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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 HF Deluxe motorcycle bearing registration No. BR-29AD-6237, Engine No. HA11ENJHA31086, Chasis No. MBLHAR238JHA24189, which has been seized in connection with Ashaown P.S. Case No. 117 of 2018 registered for the offences punishable under sections 272, 273 and 308 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.6683 of 2019 dt.04-04-2019

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2/3

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It is stated by learned counsel for the petitioner that 360 Ml country made foreign liquor has been seized; the confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 360 Ml country made foreign 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 court below with two sureties (one local) 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 further.

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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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Patna High Court CWJC No.6683 of 2019 dt.04-04-2019 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 prepared by the 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, this writ petition is

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allowed.

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(Jyoti Saran, J)

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( Ashutosh Kumar, J)

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Krishna/Shageer

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	09.04.2019
Transmission Date

Pushpa Devi v. The State of Bihar

Case brief

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Pushpa Devi v. The State of Bihar

Case brief

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