Amit Kumar v. The State Of Bihar, Through The Chief Secretary Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52391 of 2017 ====================================================== Amit Kumar son of Sri Shailendra Kapri Resident of Village Hansdiha, Police Station - Hansdiha, District - Dumka (Jharkhand). .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary Govt. of Bihar, Patna.

2. The Superintendent of Police,Banka.

3. The Officer-in-charge, Bounsi Police Station within Banka District.

4. The Principal Secretary, Excise Bihar.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. K.N. Pandey(Sc-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2017 Heard learned counsel for the parties.

By order dated 22.09.2017 passed in Cr.W.J.C.No.1570 of 2017, the vehicle of the petitioner was directed to be released on execution of bank guarantee equivalent to the price of the vehicle.

Submission of the learned counsel for the petitioner is for modification of the aforesaid order to the extent that the immovable property of the petitioner standing in the name of petitioner or his grandfather may be ordered to be placed as security alongwith affidavit of the grandfather, as the petitioner is a poor man and he has no financial capacity to give bank guarantee.

Considering the prayer aforesaid, the order

Patna High Court Cr.Misc. No.52391 of 2017 (2) dt.15-11-2017 aforesaid stands modified to the extent that instead of bank guarantee the petitioner would furnish the document of immovable property with affidavit that the petitioner or his grandfather would not mortgage or sell the said property without order of the authority concerned.

This modification application stands disposed of accordingly.

(Birendra Kumar, J) Nitesh/- U T