Rajendra Mehta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2240 of 2018 In Civil Writ Jurisdiction Case No.5190 of 2018 ====================================================== Rajendra Mehta, S/o Pradeep Mahta, R/o Mohalla-Kanaundi, P.S.- Hazaribagh, District-Hazaribagh, District-Jharkhand. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner, Excise, Government of BIhar, Patna.

3. The District Magistrate, Nalanda.

4. The Excise Inspector, Noorsarai, District-Nalanda.

5. The Officer In Charge Noorsarai, Police Station, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binit Kumar, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha ( GA 1 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-07-2018 Considering the fact that the goods seized from the vehicle in question was not liquor but only jaggary (Gur), possibility of this being used for preparation of liquor was a ground for seizure and, in all such cases, we have been directing for release of the vehicles on furnishing of two sureties to the satisfaction of the District Magistrate concerned, we modify the order passed on 25.04.2018 passed in CWJC No.5190 of 2018 to the extent that in stead of furnishing of bank guarantee to the satisfaction of the District Magistrate-cum-Collector, Nalanda, the vehicle in question shall be released to the petitioner on furnishing of two sureties to the satisfaction of the District

Patna High Court MJC No.2240 of 2018(2) dt.18-07-2018 2/2 Magistrate-cum-Collector, Nalanda.

With the aforesaid modification and clarification, the application stands disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U