Shami Ahamad v. The State Of Bihar Through Its Chief Secretary Old Secretariat, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2044 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR =========================================================== Shami Ahamad, S/o Nur Ahamad, R/o Village - Pirauchha (Beniwad), P.O. + P.S. - Beniwad , District - Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary Old Secretariat, Patna

2. The Principal Secretary, Department of Excise, Bihar, Patna

3. The Principal Secretary Home Police, Bihar, Patna

4. The District Collector, Muzaffarpur, District Muzaffarpur

5. The Superintendent Excise, Muzaffarpur

6. S.H.O. Gaighat, P.S. District - Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Yogendra Kumar Singh, Advocate For the Respondents : Mr. Anil Kumar Sinha, G.A. 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 15-11-2017 Heard learned counsel for the parties.

Mahindra & Mahindra Jeep of the petitioner bearing registration no. BR-1PA 1199 was seized by the police in connection with Gaighat P.S. Case No. 193 of 2016 for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 35(A) 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.

Patna High Court Cr. WJC No.2044 of 2017 dt.15-11-2017 2/2 After hearing the parties, finding substance in the submission aforesaid, let the aforesaid vehicle be released in favour of the petitioner on execution of bank guarantee of Rs.4,00,000/- (rupees four lakhs) or sale deed in respect of immovable property standing in the name of the petitioner or his wife 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