Vinod Paswan vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of his Maruti Ciaz Delta bearing registration No. BR06BQ5855, Chassis No. MA3EXMG1S00340571 and

Engine No. K14BN7208708 which has been seized in connection with Sakra P.S. Case No. 123 of 2019 for the offences punishable under Sections

272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

It is submitted by learned counsel for the petitioner that merely because the car of the petitioner was following a pick-up van on which liquor was

loaded, on suspicion, his car has been seized. Nothing has been recovered from the said vehicle.

Having heard learned counsel for the parties and taking note of the legal positions settled by this Court in the case of Diwakar Kumar Singh Vs. the

State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018 (3) PLJR 403, we direct for release of the vehicle in

question in favour of the petitioner within a week on furnishing/production of the document showing the ownership of the vehicle and registration

certificate in the name of the petitioner supporting the claim of the petitioner before the designated court below because neither the F.I.R. nor the

seizure list reflects any reason for proceeding to be continued against the vehicle in question.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon’ble

Division Bench of this Court.

With the observations/directions above, this writ petition is allowed.