Shadev Ravidas @ Sahdev Ravidas v. The State Of Bihar Through The Principal Secretary, Registration Excise And Prohibition Department,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1361 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BANKA =========================================================== Shadev Ravidas @ Sahdev Ravidas, Son of Chunni Ravidas, Resident of Karra, P.O. - Dighi, P.S. - Laxmipur, District - Jamui .... .... Petitioner

Versus

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

2. The Principal Secretary, Registration Excise and Prohibition Departt, Government of Bihar, Patna.

3. The Collector cum District Magistrate, Banka.

4. The Superintendent of Excise, Banka.

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the Respondents : Mr. Anil Kumar Sinha, G.A.1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 04-10-2017 Heard learned counsels for the parties.

This writ application has been filed for direction to the respondents to release the Mahindra Company made Pick-up vehicle of the petitioner bearing registration no. BR46G-0862, Engine No. GHG1A10233, Chasis No. MA1ZN2GHKG 1A 15064 which was seized in connection with Chandan (Anandpur) P.S. Case No. 121 of 2016, a case registered for violation of the Excise Laws. Commercial quantity of liquor, which is prohibited in the State of Bihar, was recovered from the vehicle of the petitioner bearing registration no. BR46G-0862.

A Division Bench of this Court while releasing the vehicle in favour of the petitioner in C.W.J.C. No. 13670 of 2017

Patna High Court Cr. WJC No.1361 of 2017 dt.04-10-2017 2 /2 (Subhash Thakur vs. The State of Bihar & Ors.) ordered for release of the vehicle on furnishing bank guarantee equivalent to the value of the vehicle.

Hence, let the aforesaid vehicle be released, by way of interim custody, in favour of the petitioner on execution of the bank guarantee of Rs.3,00,000/- (rupees three lakhs) to the satisfaction of the District Magistrate, Banka.

With the aforesaid observation, this writ application stands disposed off. The release shall be subject to the result of the L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.).

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

CAV DATE N.A.

Uploading Date 07.10.2017 Transmission Date 07.10.2017