Abhishek Kumar v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2509 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA =========================================================== Abhishek Kumar, S/o Raju Yadav, Resident of village- Paraiya P.S.- Barchatti Distt.- Gaya.

.... .... Petitioner

Versus

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

2. The Director General of Police Govt. of Bihar, Patna.

3. The District Magistrate, Gaya.

4. The Senior Superintendent of Police, Gaya.

5. The Officer-in-Charge Barachatti Police Station. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar No.1, Adv. For the Respondent/s : Mr. Kumar Ravish, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-12-2017 Heard learned counsel for the petitioner and the State.

2. The petitioner is permitted to delete the second portion of the prayer whereby quashing the FIR has been sought for.

3. This writ application has been preferred for release of the vehicle bearing Registration No. WB-O2-S-1299, which was seized in connection with Barachatti P.S. Case No.622 of 2017 for alleged violation of the Bihar Excise Law.

4. The constitutional validity of the provisions of Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 is under challenge in Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul V. The State of Bihar and others) and the matter is pending

Patna High Court Cr. WJC No.2509 of 2017 dt.13-12-2017 before the larger Bench of this Court.

5. Hence, the respondents are directed to release the referred vehicle in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.8,00,000/- (Eight Lac) or sale deed 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 without permission of the authority concerned and shall produce as and when required by the Court.

6. Further proceeding of confiscation case, if any, shall remain stayed till disposal of the Cr.W.J.C. aforesaid and shall be subject to the Cr.W.J.C. aforesaid.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date18.12.2017 Transmission Date 18.12.2017