Vinod Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.328 of 2019 In Civil Writ Jurisdiction Case No.14832 of 2018 ====================================================== Vinod Yadav, S/O Nathan Yadav, resident of Village- 377, Tilaiya Basti, Police Station- Jhumri Tilaiya, District- Kodarma Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

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

The Senior Superintendent of Police, Gaya.

4.

The Excise Superintendent, Gaya.

5.

The Officer in Charge, Barachatti (Mohanpur) Police Station, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s :

Mr.Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 10-07-2019 Heard learned counsel for the petitioner and the State. Petitioner in the present case is seeking modification of the order dated 01.08.2018 passed in C.W.J.C. No.14832 of 2018 by which while directing the release of the vehicle in question, this Court had directed the petitioner to furnish bank guarantee to the satisfaction of the District Magistrate-cumCollector, Gaya and to furnish further undertakings. Having gone through the pleadings in the present application and the submission of the learned counsel for the

Patna High Court MJC No.328 of 2019(3) dt.10-07-2019 2/2 petitioner, we find no reason to modify the order directing the petitioner to furnish the bank guarantee as in several other cases of like nature, we have been passing similar orders and wherever the quantity of liquor is more than 30 litres, we have directed for furnishing of bank guarantee. However, we are willing to modify the order to the extent that the petitioner will furnish the bank guarantee to the extent of the value of the vehicle in question as indicated in the insurance document. Rest of the order shall remain intact.

The application stands disposed of accordingly. (Amreshwar Pratap Sahi, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U