SANTOSH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner prays for provisional release of the three- wheeler/Tempo bearing Registration No. BR06GC-3748, Engine No. BBYWHK05383, Chassis No. MD2A98AY1HWK02054, which has been seized in connection with Mushahari P.S. Case No. 17 of 2019 for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30 (a), 36 and 38 of the Bihar Prohibition and Excise Act , 2016. It is stated by learned counsel for the petitioner that confiscation proceeding is yet to be initiated and the vehicle is lying under the open sky in the police station. The seizure list reflects the seizure of 108 liters of IMFL. Having heard learned counsel for the parties and taking note of the nature of seizure made as well as the fact that the confiscation proceeding is yet to be initiated, we direct that the vehicle in question be released provisionally in favour of the petitioner on production of ownership and registration with respect to vehicle in question in his name before the designated Court below with one surety along with a Bank Guarantee or original title deed of immovable property situated within the district to the extent of the value of the vehicle as indicated in the insurance document. The petitioner while submitting the surety and the bank guarantee or the original title deed, as the case may be, shall also furnish the following affidavits / undertakings: