Patna High Court
Shambhu Kumar vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19503 of 2021
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Shambhu Kumar Son of Hardev Prasad Resident of Chakmabali, P.S. Kosul,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Principal Secretary, Excise Department, Government of Bihar, Patna.
3. The District Magistrate-cum-Collector, Patna.
4. The Senior Superintendent of Police, Patna.
5. The S.H.O. of Police, Police Station Patrakarnagar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, 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 parties.
Petitioner has prayed for the following relief(s).
"For issuance of a writ in the nature of Mandamus
for direction to respondent authorities to release the
Motor Cycle of (i) Shambhu Kumar (petitioner)
registration no-BR-01EK-3455, Engine no-
HA10AGKHEB2161, Chasis no-
MBLHAW093KHE71231, Which has been seize
by the police in connection with Patrakarnagar P.S.
Case No. 191/2021, U/S-30(a), of Bihar Prohibition
and Excise Act, 2016 and give other appropriate
relief/reliefs to which the petitioner is found
entitled in the facts and circumstances of the
present case."
Petitioner claims to be the owner of the seized
Patna High Court CWJC No.19503 of 2021 dt.23-12-2021
vehicle. The petitioner was not present on the spot and has no
knowledge about the seized liquor. It is further submitted that
only 0.375 litre illicit liquor was recovered. It is further
submitted that confiscation proceeding has not been initiated as
yet.
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
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
Patna High Court CWJC No.19503 of 2021 dt.23-12-2021
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
