Kunal Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.346 of 2019 In Civil Writ Jurisdiction Case No.12548 of 2018 ====================================================== Kunal Kumar, son of Sajandhari Prasad Singh, R/o Village- Ramdauli, P.O. and P.S.- Bahadurpur, District- Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through District Magistrate, Vaishali at Hajipur. 2.

The Superintendent of Police, Vaishali at Hajipur. 3.

The Excise Superintendent, Vaishali at Hajipur. 4.

The Excise Inspector, Excise, Vaishali at Hajipur. 5.

The Police Inspector-cum-SHO, Mahanar Police Station. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunwar Ajit Singh, 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 31.07.2018 passed in C.W.J.C. No.12548 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, Vaishali at Hajipur and to furnish further undertakings.

Having gone through the pleadings in the present

Patna High Court MJC No.346 of 2019(2) dt.10-07-2019 2/2 application and the submission of the learned counsel for the 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