Patna High Court
Pramod Kumar vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20246 of 2021
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Pramod Kumar son of Sri Ravindra Singh R/o Village- Chilbili, P.S.- Beur,
District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Government of Bihar, Patna
2. The Director General of Police, Department of Police, Government of Bihar,
Patna.
3. The Inspector General of Police, Patna Division, Patna.
4. The District Magistrate, Patna, District- Patna.
5. The Superintendent of Police, Patna, District- Patna.
6. The Deputy Superintendent of Police, Patna, District- Patna.
7. The Station House Officer, Police Station- Beur, District- Patna.
8. The Investigation Officer of Beur P.S. Case no. 308/21 dated 17.7.2021.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bindeshwar Kumar, Advocate
For the Respondent/s : Mr.Kumar Manish, 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)
Date : 23-12-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner has prayed for the following reliefs: -
"For issuance of an appropriate direction, order or
writ in the nature of mandamus directing the
respondents concerned to release the Hero H
Glamour Motor Cycle bearing registration no.-
BR01BD6430, Chasis No. MBLJA06EUBGF15381,
Engine No.- JA06EFBG18880 which has been
seized by the police in connection with Beur P.S.
Patna High Court CWJC No.20246 of 2021 dt.23-12-2021
Case No. 308/21 dated 17.7.2021 registered under
sections 30(a) of the Bihar Prohibition and Excise
Act, 2016 corresponding to Special Case No.
4368/21 pending before the learned court of Special
Judge Excise, Patna; in favour of the petitioner.
And/or
Pass such other order/orders as deem fit and proper
in the facts and circumstances of the instant
application."
Petitioner claims to be the owner of the seized
motorcycle and said motorcycle was taken by one Rohit Kumar
who had come to his shop for repairing his fan. It is further
submitted that only 360 ml. illicit liquor was recovered and
petitioner was not aware that said illicit liquor was kept in his
motorcycle.
In the facts and circumstances of the case, concerned
District Magistrate/Confiscating Authority 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
Patna High Court CWJC No.20246 of 2021 dt.23-12-2021
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
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)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
