Allowed

Prashant Kumar Mahto @ Prashant Kumar v. The State of Bihar

Patna HC15 Jul 2019CWJC/9347/2019

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought provisional release of a seized motorcycle linked to liquor offences. The High Court directed provisional release subject to providing ownership proof, two sureties, and specific undertakings.

What did the court decide?

Provisional release of the seized Honda motorcycle upon production of ownership/registration, furnishing of two sureties, and submission of specified undertakings within 14 days.

Prashant Kumar Mahto @ Prashant Kumar Vs… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9347 of 2019

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Prashant Kumar Mahto @ Prashant Kumar, Son of Sonelal Mahto, Resident of Village-Pandh, P.S. Dalsingsarai, District- Samastipur.

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... ... Petitioner/s

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Versus

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

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The Superintendent of Police, Samastipur.

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The Sub Divisional Police Officer, Dalsingsarai.

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The Officer-in-charge, Dalsingsarai Police Station, Dalsingsarai, Samastipur.

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The Assistant Excise Commissioner, Samastipur.

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The District Magistrate, Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv. For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== 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 counsel appearing on behalf of the State.

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The petitioner prays for provisional release of the Honda motorcycle bearing registration No. BR33N9188 Engine No. JC58ET3278588, Chasis No. ME4JC589CET091367, which has been seized in connection with Dalsingsarai P.S. Case No.213 of 2017, District Samastipur for the offences punishable under sections 30(a), 38(I),38(II) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 930 ml. of India Made Foreign Liquor has been seized; the

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Patna High Court CWJC No.9347 of 2019 dt.15-07-2019 2/3

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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 motorcycle and 930 ml. of India 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 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 Collector cum District Magistrate, Samastipur 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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(iv) Prior to release of the vehicle, a Panchanama would be prepared by the Collector cum District Magistrate, Samatipur 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

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Patna High Court CWJC No.9347 of 2019 dt.15-07-2019 3/3

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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.

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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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skpathak/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	23.07.2019
Transmission Date	NA

Prashant Kumar Mahto @ Prashant Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prashant Kumar Mahto @ Prashant Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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