Patna High Court
Satyajit vs The State Of Bihar Through Its ... on 16 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14031 of 2021
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Satyajit, Son of - Majoj Thakur, Resident of Village - Misrauliya, P.S. -
Chiraiya, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Excise,
Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Collector/ District Magistrate, East Champaran at Motihari.
4. The Superintendent of Police, East Champaran, Motihari.
5. The S.H.O., P.S. - Dhaka, District- East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rakesh Kumar No.1, Advocate
For the Respondent/s : Mr. Kumar Manish (SC-5)
Mr. Kumar Pankaj, AC to SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 16-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"(i) For of an appropriate writ/writs,
direction/directions, order/orders especially in
the nature of Mandamus with a direction upon
the respondent/respondents to hand over the
Patna High Court CWJC No.14031 of 2021 dt.16-08-2021
petitioner's motor cycle bearing Engine No.
JA06EJFGK08346, Chasis No. MBLJA-
06AMFGK07135.
(II) for any other relief/reliefs to which
petitioner may be found entitled in the facts and
circumstances of the case."
It is submitted that 30 bottles, each containing 300
ml. Nepali liquor was recovered from three motorcycles
including motorcycle of petitioner which was stolen on
25.12.2020 for which he had instituted an FIR (Annexure-3) and
his stolen vehicle was misused by miscreants for transporting
illicit liquor and for which petitioner cannot be held to be
responsible.
In facts and circumstances of present case, District
Magistrate/Confiscating Authority, East Champaran at Motihari
is directed to provisionally release the vehicle of petitioner after
due identification of ownership of the vehicle on production of
ownership and registration papers with respect to vehicle in
question in his name with two sureties (one local) 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:
(i) That the petitioner shall not indulge in creating
any third party right or interest in respect of the
Patna High Court CWJC No.14031 of 2021 dt.16-08-2021
vehicle during the pendency of the confiscation
proceeding and shall not alienate the vehicle during
this period.
(ii) The petitioner shall furnish an undertaking to
produce the vehicle before the confiscating authority
as and when required.
(iii) Prior to release of the vehicle, a Panchanama
would be prepared wherein the photograph of the
vehicle shall be taken and will be certified by the
petitioner and 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.
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 finalization of the confiscation proceeding.
With said observations, this writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
