Helal @ Md. Hlal v. The State Of Bihar Through The Principal Secretary, Excise Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60405 of 2017 ======================================================

1. Helal @ Md. Hlal S/o Late Danish, R/o Village- Gualtoli Nisharpatti, P.S.- Abadpur, Distt.- Katihar.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Katihar.

3. The Superintendent of Police, Katihar.

4. The S.H.O. Abadpur Police Station.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 This application has been filed for modification of order dated 17.10.2017 passed in Cr.W.J.C. No.1958 of 2017 whereby the vehicle of the petitioner was ordered to be released on execution of bank guarantee of Rs.1,00,000/- (One Lac). Submission is that the petitioner is not in a position to provide bank guarantee nor the petitioner has any immovable property in his name. However, the parents of the petitioner are ready to become guarantor.

In case the parents of the petitioner, in whose name immovable property stands, file affidavit before the authority concerned that in the event of need for recovery of money the said land be auctioned by the competent authority. The said property

Patna High Court Cr.Misc. No.60405 of 2017 (2) dt.03-01-2018 P2/ in the name of the parents shall be taken as security instead of bank guarantee.

To the aforesaid extent, the prayer for modification is allowed and the application stands disposed of. (Birendra Kumar, J) Mkr./- U T