Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9407 of 2019 ====================================================== Dhiraj Kumar Son of Kamal Singh Resident of Village-Bira, P.S.-Hulasganj, District-Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Excise, Saran Division, Saran at Chapra 3.

The District Magistrate, Saran at Chapra 4.

The Superintendent of Police, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 16-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner prays for provisional release of the Haiwa vehicle bearing registration No. JH02S5718, Engine No. B591803111B62998941 and Chassis No. MAT448030BIB06344 which has been seized in connection with Isuapur P.S. Case No. 31 of 2019 for the offences punishable under sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and considering the quantum of seizure from the vehicle in question, which is 4000 litres of raw spirit, we are not persuaded to grant

Patna High Court CWJC No.9407 of 2019 dt.16-07-2019 2/2 indulgence to the prayer made bearing note of similar rejection in other writ petitions on similar claim exceeding 3000 litres. However, the petitioner would be at liberty to raise all the issues in the confiscation proceedings.

With the observations above, the writ petition is disposed of.

(Jyoti Saran, J) ( Partha Sarthy, J) Prakash/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date