Ajit Chandravanshi @ Ajit Kumar Chandravanshi v. The State Of Bihar, Through The Principal Secretary, Excise Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2118 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BUXAR =========================================================== Ajit Chandravanshi @ Ajit Kumar Chandravanshi, Son of Late Om Prakash Chandravanshi, Resident of Chanakyapuri, Dumraon, P.S. Dumraon, District Buxar .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Excise Department, Government of Bihar, Patna

2. The District Magistrate, Buxar

3. The Superintendent of Police, Buxar

4. The S.H.O., Dumraon, District Buxar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Satyapal Singh, Advocate For the Respondents : Mr. Anil Kumar Sinha, G.A.-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-12-2017 Heard learned counsel for the parties.

2. Motorcycle of the petitioner bearing registration no. BR-44E-1092 was seized by the police in connection with Dumraon P.S. Case No. 55 of 2017 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is that 3 bottle each containing 750 ml. of foreign liquor was, allegedly, recovered.

4. Learned counsel for the petitioner submits that he has filed a petition before the learned court below for release of the vehicle but the same is pending.

5. Submission of the learned counsel for the petitioner is

Patna High Court Cr. WJC No.2118 of 2017 dt.06-12-2017 2/2 that no purpose would be served by continued detention of the vehicle till completion of the criminal trial because pre-trial confiscation of the seized article is challenged in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) before a Larger Bench of this Court.

6. After hearing the parties, finding substance in the submission aforesaid, let the aforesaid vehicle be released in favour of the petitioner on execution of bank guarantee of Rs.50,000/- (rupees fifty thousand) or document of immovable property of equal value standing in the name of the petitioner to the satisfaction of the learned court below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.

7. With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 07.12.2017 Transmission Date 07.12.2017