Allowed

Ruplal Ray @ Ruplal Prashad Yadav v. The State of Bihar

Patna HC18 Jul 2019CWJC/9549/2019

Case brief

AI extract

What is this about?

Petitioner sought provisional release of a motorcycle seized with IMFL under Bihar Prohibition Act. Court directed release subject to ownership proof, sureties, and undertaking not to encumber or challenge the seizure report.

What did the court decide?

Provisional release of motorcycle allowed subject to ownership proof, sureties, and specific undertakings including surrender for panchanama.

Ruplal Ray @ Ruplal Prashad Yadav 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.9549 of 2019

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Ruplal Ray @ Ruplal Prashad Yadav S/o Nathuni Ray Vill.- Chitariya, P.s.Kotwa, Distt.- East Champaran at Motihari

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Excise Departement, Bihar, patna

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The District Magistrate East Champaran at Motihari

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The Superintendent of Police East Champaran at Motihari

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The S.H.O. Excise P.s.- Kalyanpur, East Champaran at Motihari

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vikram Jeet, 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 : 18-07-2019

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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 motorcycle (Hero Honda) bearing Registration No. BR05D3594 Chassis No. 07C16F46113 Engine No. 07B15E23630 which has been seized in connection with Kalyan Pur P.S. Case No. 158 of 2018 for the offence punishable under section 30(a) of Bihar Prohibition and Excise Act, 2016.

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It is stated by learned counsel for the petitioner that 9.750 litres of IMFL has been seized; the confiscation

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Patna High Court CWJC No.9549 of 2019 dt.18-07-2019 2/3

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proceeding is pending and the motorcycle is lying under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 9.750 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 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, East Champaran at Motihari 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

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Patna High Court CWJC No.9549 of 2019 dt.18-07-2019 3/3

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when required.

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(iv) Prior to release of the vehicle, a Panchanama would be prepared by the District Magistrate, East Champaran at Motihari 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
Uploading Date	31.07.2019
Transmission Date

Ruplal Ray @ Ruplal Prashad Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ruplal Ray @ Ruplal Prashad Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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