Diwakar Kumar v. The State Of Bihar Through The Principal Secretary Excise Department, Bihar Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2064 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BEGUSARAI =========================================================== Diwakar Kumar, Son of Shri Jai Prakash Sahni, Resident of Village - Naokothi, P.S. - Naokothi, District - Begusarai .... .... Petitioner

Versus

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

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

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

4. The Deputy Inspector General of Police, Bihar, Patna.

5. The Collector cum District Magistrate, Begusarai, Bihar.

6. The Superintendent of Police, Begusarai.

7. The Deputy Superintendent of Police, Begusarai.

8. The Station House Officer, Naokothi, Police Station, Begusarai cum Investigating Officer of Naokothi P.S. Case No.15/2017 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Smt. Sudha Ambastha, Advocate For the Respondents : Mr. Anil Kumar Sinha, GA1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-11-2017 Heard learned counsel for the parties.

2. This writ application has been preferred for quashing the order dated 05.07.2017 passed in Confiscation Case No. 04 of 2017 by the Collector, Begusarai whereby the Collector has confiscated the motorcycle of the petitioner bearing registration BR09K-5987 which was seized in connection with Naokothi P.S. Case No. 15 of 2017 for alleged violation of the Bihar Excise Law. Further prayer is for release of the said vehicle as no purpose would be served by its continued detention of the vehicle in police lock up as well as on the ground that authority of the executive to pre-trial confiscation

Patna High Court Cr. WJC No.2064 of 2017 dt.28-11-2017 2/2 is under challenge before a Larger Bench of this Court in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.).

3. 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.50,000/- (rupees fifty thousand) or document of immovable property standing in the name of the petitioner equivalent to the bank guarantee 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 operation of the impugned order shall remain stayed and the release shall be subject to the final result of the pending L.P.A. aforesaid.

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

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

CAV DATE N.A.

Uploading Date 30.11.2017 Transmission Date 30.11.2017