Bambam Kumar Paswan @ Bambam 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 Miscellaneous No.58776 of 2017 ====================================================== Bambam Kumar Paswan @ Bambam Kumar S/o Dhaneshwar Paswan R/oSibudih, Tantitola, P.S. Manihari, Distt. Katihar. .... .... Petitioner

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. Manihari.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh,APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2017 Heard the learned counsel for the parties.

By order dated 16.10.2017 passed in Cr.W.J.C.No. 1766 of 2017, this Court had ordered for interim release of the seized motorcycle in favour of the petitioner on execution of bank guarantee of Rs. 50,000/- (Fifty Thousand).

The present application has been filed for modification of the aforesaid order to the extent that besides bank guarantee, the immovable property standing in the name of the parents of the petitioner may also be ordered to be put as security.

The prayer for modification is allowed.

If any parents of the petitioner are ready to

Patna High Court Cr.Misc. No.58776 of 2017 (2) dt.06-12-2017 deposit their document of title, they shall file affidavit that in the event of need for recovery of the money. The said land shall be auctioned by the competent authority. Accordingly, the modification application stands disposed of.

(Birendra Kumar, J) Nitesh/- U T