Gulshan Nathwani v. The State Of Bihar Through Principal Secretary, Home Department , Bihar, Patna And ORS

Patna High Court Cr. WJC No.1898 of 2017 dt.17-10-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1898 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN =========================================================== Gulshan Nathwani, S/o Laxmichand Nathwani, R/o H. No. 128/366, Chak No. 128, Block No. H - 2, Kidwainagar, P.S. - Kidwainagar, District - Kanpur (U.P.). .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Home Department, Bihar, Patna.

2. The Superintendent of Police, Siwan.

3. The S.H.O., Siwan Muffasil P.S. - Siwan.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate For the Respondents : Md. Nadeem Seraj, GP5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-10-2017 Heard learned counsel for the parties.

Toyota ETIOS Car of the petitioner bearing registration no. UP-78DZ-3546 was seized by the police in connection with Siwan Muffasil P.S. Case No. 273 of 2016 for the offences under Sections 419, 420, 467, 468, 471, 472, 120B/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. Submission of the learned counsel for the petitioner is 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.

Patna High Court Cr. WJC No.1898 of 2017 dt.17-10-2017 2/2 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.4,00,000/- (rupees four lakhs) 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.

The release shall be subject to the result of the L.P.A. aforesaid.

With the aforesaid observation, this application stands disposed of.

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

CAV DATE N.A.

Uploading Date 18.10.2017 Transmission Date 18.10.2017