Allowed

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

Patna HC26 Jul 2019CWJC/9768/2019

Case brief

AI extract

What is this about?

The Patna High Court directed the provisional release of the petitioner's seized motorcycle in an excise case. The vehicle was ordered released upon production of ownership documents, registration, and two sureties with specific undertakings regarding the vehicle's custody and future use.

What did the court decide?

Provisional release of the seized motorcycle upon production of ownership documents, registration, and two sureties, subject to undertaking.

Abhinav Kumar @ Abhinav Kumar Mahto 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.9768 of 2019

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Abhinav Kumar @ Abhinav Kumar Mahto Son of Preamchandra Mahto R/oVill- Ward no. 14, Bithan Sudamapur, P.s.- Bithan, Distt. Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar Through Principal Secretary, Dept. of Excise Govt. of Bihar, Patna.

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The District Magistrate Begusarai.

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The Superintendent of Excise Department Begusarai.

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The Officer in charge Bakhari, Police Station, Begusarai

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Respondent/s : Mr.Kumar Manish (Sc5)

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN

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and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

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Date : 26-07-2019

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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 Passion PRO DRS Motorcycle and prays for provisional release of his vehicle bearing registration No. BR33U1858, Engine No. HA10EVFHG66262, Chassis No. MBLHA10BSFHG84209, which has been seized in connection with Bakhari P.S. Case No. 53 of 2018 for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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Patna High Court CWJC No.9768 of 2019 dt.26-07-2019 2/3

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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 under the open sky in the police station. The seizure list supports the seizure of the motorcycle and 16.5 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 with respect to vehicle in question in his name before the designated court below 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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Patna High Court CWJC No.9768 of 2019 dt.26-07-2019 3/3

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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 designated 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 submission of the sureties and the undertakings as stated above, which would however be subject to initiation and finalization of the confiscation proceeding, if any.

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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/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	05.08.2019
Transmission Date	NA

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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