Patna High CourtCR. WJC/1570/2017disposed

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

2017-09-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1570 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BANKA =========================================================== Amit Kumar, Son of 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 Station, Banka.

4. The Principal Secretary, Excise.

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

For the Petitioner : Mr. Praveen Kumar, Advocate For the Respondents : Mr. Vikash Kumar, SC 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 22-09-2017 Heard learned counsels for the parties.

This writ application has been filed for direction to the respondents to release the Tata Force Lift HTBS 111 vehicle of the petitioner bearing registration no. BR-10GA-5721 which was seized in connection with Bounsi P.S. Case No. 76 of 2017, 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. BR-10GA-5721.

A Division Bench of this Court while releasing the vehicle in favour of the petitioner in C.W.J.C. No. 13670 of 2017 (Subhash Thakur vs. The State of Bihar & Ors.) ordered for release of the vehicle on furnishing bank guarantee equivalent to the

Patna High Court Cr. WJC No.1570 of 2017 dt.22-09-2017 2 /2 value of the vehicle.

Hence, let the aforesaid vehicle be released in favour of the petitioner on execution of the bank guarantee equivalent to the price of the vehicle to the satisfaction of the learned Chief Judicial Magistrate, Banka/successor Court.

With the aforesaid observation, this writ application stands dispose of.

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

CAV DATE N.A.

Uploading Date 23.09.2017 Transmission Date 23.09.2017