Allowed

Jai Prakash Kumar v. The State of Bihar

Patna HC15 Jul 2019CWJC/9001/2019

Case brief

AI extract

What is this about?

The High Court of Patna allowed a writ petition seeking provisional release of a seized Honda motorcycle. The court directed release upon submission of ownership documents, sureties, and specific undertakings regarding future conduct and production of evidence until the finalisation of confiscation proceedings under the Bihar Prohibition and Excise Act, 2016.

What did the court decide?

Provisional release of Honda motorcycle bearing Registration No. BR30T1140 upon submission of ownership, registration, two sureties, and specific affidavits/undertakings within 14 days, subject to fin

Jai Prakash 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.9001 of 2019

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Jai Prakash Kumar S/o Yogendra Singh Res. of Vill.- Jhalshi, P.S- Sahiyara, Distt.- Sitamarhi.

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... ... Petitioner/s

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Versus

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

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The Excise - Cum- Commissioner Bihar Prohibition and Excise Department, Bihar, Patna.

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The Collector - Cum - District Magistrate Sitamarhi.

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The Deputy Superintendent of Polcie Sitamarhi.

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The Excise Superintendent Sitamarhi.

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Assistant Sub- Inspector (A.S.I.) Excise officer, Bihar Prohibition and Excise Department, Sitamarhi.

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The Officer- In- Charge, Sahiyara Distt.- Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Devendra Kumar, Advocate For the Respondent/s : Mr.Vivek Prasad ( Gp7 ) ====================================================== 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 : 15-07-2019

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Heard learned counsel for the petitioner and learned

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counsel appearing on behalf of the State.

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The petitioner prays for provisional release of Honda Motorcycle bearing Registration No. BR30T1140 and Chassis No. 4JC657HH7011313 which has been seized in connection with Case No. 632 of 2018 for the offences punishable under 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

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Patna High Court CWJC No.9001 of 2019 dt.15-07-2019 2/3

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9 litres of Nepali liquor has been seized; the confiscation proceeding is pending and the vehicle is lying under the open sky in the police station. The seizure list supports the seizure of the Honda motorcycle and 9 litres of Nepali 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 pending, 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 District Magistrate, Sitamarhi 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

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Patna High Court CWJC No.9001 of 2019 dt.15-07-2019 3/3

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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 District Magistrate, Sitamarhi 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 would however, be subject to the final orders passed in the confiscation proceeding.

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With the observations, this writ petition is allowed.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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Prakash/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	25.07.2019
Transmission Date	NA

Jai Prakash Kumar v. The State of Bihar

Case brief

What is this about?

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Jai Prakash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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