Allowed

Rakesh Kumar v. The State of Bihar

Patna HC22 Jul 2019CWJC/8870/2019

Case brief

AI extract

What is this about?

This writ petition sought provisional release of a motorcycle seized under prohibition laws. The court directed the police to release the vehicle provisionally in favor of the owner upon production of documents, a bank guarantee or property title deed, and specific undertakings.

What did the court decide?

Provisional release of the seized vehicle against a bank guarantee or immovable property title deed, along with specific undertakings.

Rakesh Kumar Vs The State of Bihar — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8870 of 2019

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Rakesh Kumar Son of Dular Singh Resident of Village- Gawain Muhalla, Bhabua ward no. 19, Police Station- Bhabua, district- Kaimur ( Bhabua).

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Chief Secretary, Government of Bihar.

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The Secretary Excise Department, Government of Bihar, Patna.

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The Divisional Commissioner Excise Department, Patna Division, Patna.

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The District Magistrate-cum- Collector Kaimur at Bhabua.

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The Superintendent of Police Kaimur at Bhabua.

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The Superintendent of Excise Kaimur at Bhabua.

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The Station House Officer Chand Police Station, District- Kaimur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Rajesh Kumar Pathak For the Respondent/s : Mr.Vikash Kumar ( Sc11 )

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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 : 22-07-2019

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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 is owner of the Honda Motorcycle and prays for provisional release of his vehicle bearing registration No. BR45J6149, Engine No. KC35E80009560, Chasis No. ME4KC351DJ8009533, which has been seized in connection with Chand P.S. Case No. 157 of 2018 for the offences punishable under sections 30(a), 35 and 38 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

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Patna High Court CWJC No.8870 of 2019 dt.22-07-2019 2/3

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under the open sky in the police station. The seizure list supports the seizure of the vehicle and 13 litres of country liquor and 31.500 litres 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 papers with respect to vehicle in question before the designated court below with one surety alongwith 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 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.8870 of 2019 dt.22-07-2019 3/3

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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 production of ownership/registration papers supporting the claim of the petitioner together with one surety alongwith the Bank Guarantee or title deed of immovable property situated in the district, to the extent of the value of the vehicle as indicated in the insurance document and the undertaking, as stated above. This release would, however, be subject to initiation and finalization of the confiscation proceeding. The title deed papers shall remain in safe custody of the designated court below subject to final decision in the confiscation proceedings.

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With the observations above, this writ petition is allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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sushma/-
AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	03.08.2019
Transmission Date	NA

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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