Chandan Kumar Gupta v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1717 of 2019 In Civil Writ Jurisdiction Case No.11754 of 2018 ====================================================== Chandan Kumar Gupta, Son of Kamta Prasad, Resident of Village-Bahera, Police Station-Kargahar, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Excise, Bihar, Patna.

2.

The Collector, Rohtas at Sasaram.

3.

The Sub-Divisional Officer, Rohtas at Sasaram. 4.

The Officer-In-charge of Kargahar Police Station, District-Rohtas at Sasaram.

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Pushkar Narain Shahi (AAG6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 01-05-2019 This application has been preferred for modification of the order dated 09.07.2018 passed in CWJC No.11754 of 2018 by which while directing the provisional release of the vehicle in question, this Court had directed the petitioner to furnish bank guarantee to the satisfaction of the District Magistrate, Rothas at Sasaram.

Learned counsel for the petitioner submits that instead of bank guarantee petitioner may be allowed to furnish the original title deed of immovable property.

Patna High Court MJC No.1717 of 2019(2) dt.01-05-2019 2/2 Learned counsel for the State however submits that in similar matters this court has imposed this condition of furnishing bank guarantee and there is no reason why in this case any deviation should be made.

Having heard learned counsel for the parties, we find no reason to deviate from our usual order which has been passed in similar matters of provisional release of the vehicle considering the quantum of illicit liquor which has been recovered. Petitioner will be obliged to furnish bank guarantee to the satisfaction of the District Magistrate, Rohtas at Sasaram to the extent of the value of the vehicle in question as indicated in the insurance document.

This application stands disposed of.

(Amreshwar Pratap Sahi, CJ) ( Rajeev Ranjan Prasad, J) arvind/rajeevU