Habibul Rahman v. The State Of Bihar Through The Principal Secretary, Excise Deptt., New Secretariate Building, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2364 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN ===========================================================
1. Habibul Rahman S/o Safi Ahmad, R/o Village- Lilaru -Aurangabad, P.O.- Mustafabad, P.S.- Gora Kothi, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar Through The Principal Secretary, Excise Deptt., New Secretariate Building, Patna.
2. The Principal Secretary , Home Department , Govt. of Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The Inspector General of Police, Saran Division, Saran.
5. The Deputy Inspector General of police Saran Division, Saran.
6. The District Magistrate, Siwan.
7. The Superintendent of Police, Siwan , District- Siwan.
8. The Deputy Superintendent of Police, Siwan , District- Siwan.
9. The Officer In Charge Of Police Station, Muffasil Police Station Sadar, DistrictSiwan. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Pranav Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the petitioner and the State.
2. This writ application has been preferred for release of the vehicle bearing registration No.BR29H-0860, which was seized in connection with Siwan Muffasil P.S. Case No.312 of 2017 for alleged violation of the Bihar Excise Law.
3. The constitutional validity of the provisions of Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 is under challenge in Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @
Patna High Court Cr. WJC No.2364 of 2017 dt.20-12-2017 P2/ Rahul V. The State of Bihar and others) and the matter is pending before the larger Bench of this Court.
4. Hence, the respondents are directed to release the referred vehicle in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.6,00,000/- (Six lacs), not in the form of cash/Bank Guarantee, along with two sureties of the like amount 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 Cr.W.J.C. aforesaid.
5. With the aforesaid observation, this writ application stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date 22.12.2017