Allowed

Ram Bali Kumar v. The State of Bihar

Patna HC18 Jul 2019CWJC/9597/2019

Case brief

AI extract

What is this about?

The Patna High Court directed the provisional release of a motorcycle seized by police officials pending confiscation proceedings under the Bihar Prohibition and Excise Act, subject to the submission of ownership proof, registration, and two sureties before the District Magistrate.

What did the court decide?

Provisional release of the seized motorcycle allowed on furnishing ownership proof, registration, two sureties, and specific undertakings before the District Magistrate within 14 days.

Ram Bali Kumar Vs The State of Bihar — Patna HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9597 of 2019

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Ram Bali Kumar Son of Utilal Sah Resident of Village- Parsauni, Ward No. 7, P.S.- Parsauni, District- Sitamarhi. ... ... Petitioner/s

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Versus

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

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The District Magistrate Sitamarhi.

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The Superintendent of Police Sitamarhi.

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The Officer- in- Charge P.S. Belsand, District- Sitamarhi.

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Sri Subhash Prasad A.S.I., Belsand P.S. District- Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Hans Lal Kumar, Advocate For the Respondent/s : Mr.(Ga1) ====================================================== 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 Hero HF Delux Motorcycle bearing Registration No. BR30T4731 Chassis No. MBLHAR23XJ9D35536 and Engine No. HA11ENJ9C19730 which has been seized in connection with Belsand P.S. Case No. 41 of 2019 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 14.250 litres of IMFL has been seized; the confiscation

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Patna High Court CWJC No.9597 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 14.250 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, 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 produce the vehicle before the confiscating authority as and

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Patna High Court CWJC No.9597 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, 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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Ram Bali Kumar v. The State of Bihar

Case brief

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Ram Bali Kumar v. The State of Bihar

Case brief

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