Allowed

Munna Kumar v. The State of Bihar

Patna HC8 Jul 2019CWJC/8480/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought provisional release of a seized motorcycle used in alleged liquor manufacturing offences. The court, noting confiscation proceedings were pending, directed provisional release against surety and undertakings.

What did the court decide?

Provisional release of the seized Pulsar motorcycle authorized upon furnishing ownership, registration, two sureties, and specified undertakings within 14 days.

Munna Kumar Vs The State of Bihar — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8480 of 2019

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Munna Kumar, S/o Nathun Prasad Resident of WZ 334A, Block Harizan Colony Tilak Nagar, New Delhi, DL 110018 at present Village- Beldar Bigha, P.S.- Tankuppa District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary Registration, Excise and Prohibition Department of Bihar, Patna.

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The District Magistrate, Gaya.

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The Superintend of Excise, Gaya.

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The S.H.O. of Fatehpur P.S., Gaya.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Respondent/s : Mr. Kumar Manish, SC-5 ====================================================== 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 : 08-07-2019

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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 Pulsar motorcycle bearing registration No. DL4SCS1842, which has been seized in connection with Fatehpur P.S. Case No.336 of 2018, District Gaya for the offences punishable under sections 272, 273 and 34 of the Indian Penal Code and section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 2 litres of country made mahua 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

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Patna High Court CWJC No.8480 of 2019 dt.08-07-2019 2/3

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supports the seizure of the motorcycle and 2 litres of country made 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 (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 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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(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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Patna High Court CWJC No.8480 of 2019 dt.08-07-2019 3/3

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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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skpathak/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	17.07.2019
Transmission Date	NA

Munna Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munna Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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