Patna High CourtCR. WJC/1632/2017disposed

Manoj Kumar Gupta v. The State Of Bihar Through The Director General Of Police, Excise Department, Government Of Bihar,

2017-09-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1632 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MADHUBANI =========================================================== Manoj Kumar Gupta, Son of Late Aniruddh Prasad, Resident of Mohalla - Kishori Lal Chauwk, Ward No. 11, P.S. - Madhubani Town, District - Madhubani. .... .... Petitioner

Versus

1. The State of Bihar through the Director General of Police, Excise Department, Government of Bihar, Patna.

2. The Inspector General, Darbhanga Commissionary, Darbhanga.

3. The Director Inspector General Darbhanga Commissionery, Darbhanga.

4. The Superintendent of Police, District - Madhubani.

5. The Deputy Superintendent of Police, Madhubani, District - Madhubani

6. The Police-in-Charge of Madhubani Town Police Station, District- Madhubani.

7. The Investigation Officer of Madhubani Town P.S. Case No. 155 of 2017, District- Madhubani .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Subhash Kumar Jha, Advocate For the Respondents : Mr. Anil Kumar Sinha, G.A. 1 Mr. Amaresh Kumar Sinha, A.C. to G.A. 1 =========================================================== 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 respondent-authorities to release the Scorpio vehicle of the petitioner bearing registration no. BR 32J 7172 which was seized in connection with Madhubani Town P.S. Case No. 155 of 2017 corresponding to G.R. No. 135 of 2017 a case registered for the offence under Sections 272, 273 of the Indian Penal Code and

Patna High Court Cr. WJC No.1632 of 2017 dt.22-09-2017 2 /2 Section 30(1), 36 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Commercial quantity of liquor which is prohibited in the State of Bihar was recovered from the vehicle of the petitioner bearing registration no. BR 32J 7172. 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 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 Additional District Judge-II-cum-Special Judge, Excise Act, Madhubani/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