Munmun Singh @ Munamun Singh @ Munmun Kumar Singh v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1573 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BHOJPUR ===========================================================

1. Munmun Singh @ Munamun Singh @ Munmun Kumar Singh Son of Gopal Ji Singh @ Gopal Singh, R/o Village- Isadh, P.S.- Jagdishpur, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Excise Department, Government of Bihar, Patna.

2. The District Magistrate Cum Collector , Bhojpur, Ara.

3. The District Transport Officer, Bhojpur, Ara.

4. The Superintedent of Police, Bhojpur, Ara.

5. The Sub Divisional Police Officer, Jagdishpur, Bhojpur, Ara.

6. The Station House Officer, Dhangai, P.S., Bhojpur, Ara.

7. The Investigatin Officer, Dhangai P.S., Bhojpur, Ara. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Zakia Ozair, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-10-2017 Heard learned counsel for the petitioner and the State.

2. The Maruti Alto K-10 VXI of this petitioner bearing registration No.BR-03N/7935 was seized in connection with Dhangai P.S. Case No.14 of 2017 for alleged violation of the Bihar Excise law.

3. Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. In the

Patna High Court Cr. WJC No.1573 of 2017 dt.13-10-2017 P2/ circumstances, till pendency of the L.P.A. aforesaid, the vehicle in question be released in favour of the petitioner as no purpose is going to be served by its continued detention in police lockup.

4. Commercial quantity of liquor was recovered from the vehicle of the petitioner.

5. Since no purpose is going to be served by continued detention of the vehicle, let the same be released in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.3,00,000/- (Three Lacs) 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. With the aforesaid observation, this writ application stands disposed of. The release shall be subject to the result of the L.P.A. aforesaid.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.10.2017 Transmission Date 17.10.2017