Santosh Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Excise , Government Of Bihar, Pat
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 2144 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR =========================================================== Santosh Kumar, Son of Late Rajendra Sahni, Resident of Village - Hajipur Raja Tola Kushiyari, P.S. Chak Mehsi, District - Samastipur. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.
2. District Magistrate, Muzaffarpur.
3. Superintendent of Excise, Muzaffarpur.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Ravi Ranjan, Advocate For the Respondents : Mr. Vivek Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 15-11-2017 Heard learned counsel for the parties.
Bolero of the petitioner bearing registration no. BR06P1149, Chesis No. MAIXA2GAK52J17498, Engine No. GA54J38417 was seized by the police in connection with Pier P.S. Case No. 119 of 2017 for the offence under Section 290 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act, 2016. Submission of the learned counsel for the petitioner is that no purpose would be served by continued detention of the vehicle till completion of the criminal trial because pre-trial confiscation of the seized article is challenged in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) before a Larger Bench of this Court.
After hearing the parties, finding substance in the
Patna High Court Cr. WJC No.2144 of 2017 dt.15-11-2017 2/2 submission aforesaid, let the aforesaid vehicle be released in favour of the petitioner on execution of surety bond of Rs.6,00,000/- (rupees six lakhs) (not in the form of bank guarantee or cash) along with two sureties of the like amount each 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 or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court. The release shall be subject to the final result of the pending L.P.A. aforesaid.
With the aforesaid observation, this application stands disposed of.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 17.11.2017 Transmission Date 17.11.2017