Patna High Court
Bachchu Yadav vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18294 of 2021
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Bachchu Yadav, Son of Late Gajadhar Yaddv, resident of Village-Akauni,
Parsama, P.S. Halasi, Ramgarh Chowk, District-Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Excise Commissioner, Govt. of Bihar, Patna.
3. Excise Superintendent, Lakhisarai.
4. Sub-Inspector Excise, Lakhisarai.
5. District Magistrate, Lakhisarai.
6. Officer-in-charge Halsi Ramgarh Chowk P.S, Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kr Singh No.1, Advocate
For the Respondent/s : Mr.Lalit Kishore (A.G.)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-12-2021
Heard learned counsel for the petitioner.
Petitioner has prayed for the following relief(s):-
For issuance of an appropriate writ/ writs,
direction/ directions, order/ orders directing and
commanding the respondents to release the motorcycle
bearing registration no. BR 53B 9962, Chasis No.
MBLH10CGGHD00291, Engine No. HA10ERGHD00185
as the petitioner is owner of the said vehicle which has been
seized in Halsi Ramgarh P.S. Case No. 67 / 2021 for the
offence under section 30(a) Bihar Prohibition and Excise
Act, 2018.
(ii) For issuance of any other appropriate
writ/writs, order/orders, direction/directions as your Lordship
may deem fit and proper."
Petitioner claims to be the owner of the seized
Patna High Court CWJC No.18294 of 2021 dt.23-12-2021
motorcycle and said motorcycle was not being driven by the
petitioner rather one Rahul Kumar was driving the motorcycle
and was apprehended on the spot. It is further submitted that
only 750 ml. illicit liquor was recovered and petitioner was not
aware that said illicit liquor was kept in his vehicle. 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
Patna High Court CWJC No.18294 of 2021 dt.23-12-2021
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)
Rajiv/veena-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
