Patna High CourtCR. WJC/1659/2017disposed

Chandra Rawat @ Chandar Rawat v. The State Of Bihar Through The Principal Secretary, Prohibition, Excise And Registration Department

2017-10-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1659 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA =========================================================== CHANDRA RAWAT @ CHANDAR RAWAT, aged about 49 years, son of Gainu Rawat, resident of village Karamchak, Post + P.S. Hisua, District Nawada .... .... Petitioner

Versus

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

2. The Excise Commissioner, Govt. of Bihar

3. The Deputy Commissioner (Excise Magadh)

4. The Assistant Commissioner (Excise) Gaya

5. The District Magistrate, Gaya

6. The Senior Superintendent of Police, Gaya .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr.

For the Respondents : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-10-2017 Heard learned counsels for the parties.

This writ application has been filed for direction to the respondents to release the Bolero vehicle of the petitioner bearing registration no. BR-27A-9205 which was seized in connection with Mufassil P.S. Case No. 125 of 2017, a case registered for violation of the Excise Laws.

Commercial quantity of liquor which is prohibited in the State of Bihar was recovered from the vehicle of the petitioner bearing registration no. BR-27A-9205.

A Division Bench of this Court while releasing the vehicle in favour of the petitioner in C.W.J.C. No. 13670 of 2017

Patna High Court Cr. WJC No.1659 of 2017 dt.06-10-2017 2 /2 (Subhash Thakur vs. The State of Bihar & Ors.) ordered for release of the vehicle on furnishing bank guarantee equivalent to the value of the vehicle.

Hence, let the aforesaid vehicle be released, by way of interim custody, in favour of the petitioner on execution of the bank guarantee of Rs.5,00,000/- (rupees five lakhs) to the satisfaction of the District Magistrate, Gaya in connection with Excise Confiscation Case No. 129 of 2017.

With the aforesaid observation, this writ application stands disposed off. The release shall be subject to the result of the L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.).

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.10.2017 Transmission Date 09.10.2017