Patna High CourtCR. WJC/2642/2017disposed

Ashok Kumar v. The State Of Bihar, Through The Principal Secretary, Department Of Excise, Govt. Of Bihar, Patna An

2017-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2642 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SASARAM (ROHTAS) =========================================================== Ashok Kumar Son of Dudheshwar Singh, Resident of Village- Muzaffarpur, Police Station- Sahar, District- Bhojpur.

.... .... Petitioner

Versus

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

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Patna zone, Bihar, Patna.

4. The Deputy Inspector General of Police, Shahabad Range, Dehri-on-Sone, Rohtas.

5. The Collector/District Magistrate, Rohtas at Sasaram.

6. The Superintendent of Police, Rohtas at Sasaram.

7. The Deputy Superintendent of Police, Rohtas at Sasaram.

8. The S.H.O. of Dehri (T) Police Station- Dehri, Rohtas. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Vivek Prasad, G.P.7. =========================================================== 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.BR-01PD-1707, which was seized in connection with Dehri (T) P.S. Case No.328 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.2642 of 2017 dt.20-12-2017 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 bank guarantee of Rs.5,00,000/- (Five Lacs) or sale deed of immovable property of equal value standing in the name of the petitioner 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.

5. Further proceeding of Confiscation Case No.142 of 2017 shall remain stayed till disposal of the Cr.W.J.C. aforesaid and shall be subject to the Cr.W.J.C. aforesaid.

6. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date 22.12.2017