Patna High CourtCWJC/2266/2018disposed

Santosh Kumar v. The State Of Bihar And ORS

2018-03-06Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2266 of 2018 ====================================================== Santosh Kumar, Son of Mahadev Sah, resident of Village Bariyarpur, P.S. Bariyarpur, District- Munger.

... ... Petitioner/s

Versus

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

2. The Excise Commissioner, Bihar, Patna.

3. The District Collector-cum-District Magistrate, Jamui.

4. The State of Bihar through the Director General of Police, Bihar, Patna.

5. The Superintendent of Police, Jamui.

6. The Police Station House Officer, Malaypur, District Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Respondent/s :

Mr. Kumar Manish -SC 5 Mr. Alok Kumar,AC to SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-03-2018 Seeking release of the vehicle (Bolero Camper Pick-up Van) bearing Registration No.JH04F 2342 which has been seized in connection with Malapur P.S. Case No.1 of 2018 registered for the offence punishable under Section 37(b) of the Bihar Prohibition and Excise Act, 2016 on account of the fact that the driver of the vehicle was found in a drunken condition, this writ petition has been filed for release of the vehicle in question.

Pending finalization of the criminal case, it is directed that the aforesaid vehicle in question and the Chura (rice made) loaded thereon shall be released to the petitioner on his

Patna High Court CWJC No.2266 of 2018(2) dt.06-03-2018 2/2 furnishing adequate security to the satisfaction of the District Magistrate-cum-Collection, Jamui, within a period of one week from the date of his furnishing the security and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the criminal case so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U