Patna High CourtCR. WJC/2735/2017disposed

Raj Ranjan Raju @ Raj Ranjan @ Raju v. The State Of Bihar Through The Principal Secretary, Excise Department, Government Of Bihar, Patna A

2017-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2735 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR =========================================================== Raj Ranjan Raju @ Raj Ranjan @ Raju, S/o Prithwiraj Karuna Nidhi, R/o Mohalla - Kali Road Teen Pokharia, P.S. - Mithanpura, District - Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Excise Department, Government of Bihar, Patna.

2. The Principal Secretary, Home Department, Government of Bihar, Patna.

3. The Collector-cum-District Magistrate, Muzaffarpur, District - Muzaffarpur.

4. The Officer In Charge of Sadar P.S., Muzaffarpur, District - Muzaffarpur.

5. The Investigating Officer of Muzaffarpur Sadar P.S. Case no. 603/17 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Ranjan, Advocate For the Respondents : Mr. Vikash Kumar, SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the parties.

2. This writ application has been filed for release of the vehicle bearing registration no. BR-06-PC-4643 which was seized in connection with Muzaffarpur Sadar P.S. Case No. 603 of 2017. Further prayer is for quashing the order dated 15.11.2017, vide Annexure-4 passed in the aforesaid case by the learned Special Judge, Excise, Muzaffarpur whereby prayer for interim release was refused on the ground that Section 60 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act') bars jurisdiction of the Court in such matter.

Patna High Court Cr. WJC No.2735 of 2017 dt.20-12-2017 2/2

3. Since constitutional validity of Sections 56, 57, 58 and 60 of the Act is under challenge and the matter is pending before a Larger Bench in Cr.W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.), let the aforesaid vehicle in question be released in favour of the petitioner as ad interim custody on execution of surety bond of Rs.5,00,000/- (rupees five lakhs) (not in the form of bank guarantee or cash) 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 or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.

4. The release shall be subject to the final result of the pending Cr.W.J.C. aforesaid.

5. With the aforesaid observation and direction, this writ application, accordingly, disposed of.

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

CAV DATE N.A.

Uploading Date 22.12.2017 Transmission Date 22.12.2017