Arun Saw v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2422 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Arun Saw, Son of Saudagar Saw, resident of Mohalla - Indira Nagar, Sampatchak, Police Station - Kankarbagh and District - Patna .... .... Petitioner

Versus

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

2. The District Magistrate-cum-Collector, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Police, Excise, Patna.

5. The Officer in charge, Patrakar Nagar Police Station, District- Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No. 2, Advocate Mr. Gajendra Kumar Singh, Advocate For the Respondents : Mr. Kumar Ravish, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-12-2017 Heard learned counsel for the parties.

2. This writ application has been filed for release of the vehicle bearing registration no. BR-01CZ-7193 which was seized in connection with Patrakar Nagar P.S. Case No. 293 of 2017 for the alleged violation of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act') as the same was carrying liquor.

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

Patna High Court Cr. WJC No.2422 of 2017 dt.13-12-2017 2/2 question be released in favour of the petitioner as ad interim custody on execution of bank guarantee of Rs.2,50,000/- (rupees two lakhs and fifty thousand) or immovable property 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 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 16.12.2017 Transmission Date 16.12.2017