Bulet Kumar vs The State Of Bihar
2021 Latest Caselaw 6064 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.17958 of 2021
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Bulet Kumar, Son of Kanchan Sah, Resident of Village Dalaya, Amwa Nakchhed, P.S. Kuchai Kota, District - East Champaran.

... ... Petitioner/s Versus

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

2. The Principal Secretary Department of Excise, Bihar, Patna.

3. The District Magistrate, Motihari, East Champaran.

4. The Excise Superintendent, Motihari, East Champaran.

5. The Excise Inspector, Raxaul, Motihari, East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 10-12-2021

Learned counsel for the petitioner seeks permission to

correct the district name of the petitioner's address as mentioned

in the cause title.

Permission is granted.

Let the petitioner correct the district name of

petitioner's address as 'Gopalganj' in place of 'East Champaran'

"I. For issuance of appropriate writ, direction the respondent to release of seized Motorcycle (Hero Passion Pro); bearing Registration No. BR28R-4980, Engine No. HAIOACHHD24414, Chasis No. MBLHAR 182HHD86154 later on after theft the Patna High Court CWJC No.17958 of 2021 dt.10-12-2021

changed Registration No. BR22P-2092 in connection with Excise Case No. 251/2021 offence under section 30(a) Excise Act. II. For issuance of any other relief/reliefs as your Lordships may deem fit and proper for ends of justice."

It is submitted on behalf of the petitioner that he is the

owner of the seized vehicle which was stolen by unknown

thieves on 09.01.2021 for which he has lodged FIR giving rise

to Jadopur P.S. Case No. 12/2021 for the offence punishable

under Section 379 of IPC, and same was being used by the

miscreants for transportation of illicit liquor and 17.250 litres

of foreign liquor and 32 litres Kasturi wine was recovered by

the police from said stolen vehicle which was seized by the

police.

Petitioner claims to be owner of the seized vehicle and

same was stolen on 09.01.2021 for which he had earlier

instituted a case as such, petitioner cannot be held to be

responsible for transportation of illicit liquor, however, since

the vehicle was used for transportation of illicit liquor same is

liable for confiscation.

In the facts and circumstances of the case, the District

Magistrate/Confiscating officer, Motihari, East Champaran is

directed to provisionally release the vehicle of petitioner after

due identification of ownership of the vehicle which was stolen Patna High Court CWJC No.17958 of 2021 dt.10-12-2021

and subsequently recovered and seized by the police in excise

case 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 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 Patna High Court CWJC No.17958 of 2021 dt.10-12-2021

undertakings as stated above, which would however be subject

to finalization of the confiscation proceeding.

With said observations and direction, this writ petition is

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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