Arjun Yadav v. The State Of Bihar Through The Principal Secretary Excise Department Patna, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1841 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- NALANDA (BIHARSHARIFF) =========================================================== Arjun Yadav son of Chhotan Yadav, resident of Village- Murgiyachak, P.S.- Nalanda, District- Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary Excise Department Patna, Bihar.

2. District Magistrate, Nalanda at Bihar Sharif.

3. The Superintendent of Police, Nalanda at Bihar Sharif.

4. The Deputy Superintendent of Police, Bihar Sharif, Nalanda.

5. The S H O Police Station, Nalanda.

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

For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner and the State.

2. The Hero motorcycle of this petitioner bearing registration No.BR-21Q/2804 was seized in connection with Nalanda P.S. Case No.100 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 circumstances, till pendency of the L.P.A. aforesaid, the vehicle in

Patna High Court Cr. WJC No.1841 of 2017 dt.16-10-2017 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.50,000/- (Fifty Thousand) 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. The release shall be subject to the result of the L.P.A. aforesaid.

6. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.10.2017 Transmission Date 18.10.2017