Ram Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19326 of 2016 ====================================================== Ram Kumar Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Giri, Advocate For the Respondent/s : Mr. Lalit Kishore- PAAG 1 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 10-02-2017 The petitioner has invoked the writ jurisdiction of this Court for release of Bolero vehicle bearing registration No. BR-28G-1747 seized by the Bihar police in connection with Kuchai Court P.S. Case No. 141/2016 registered under Sections 272,273 and 420 of the Indian Penal Code read with Sections 47(a) and 47(g) of the Bihar Excise (Amendment) Act, 2016, since confiscated by the learned District Magistrate-cum-Collector, Gopalganj. The questions in respect to confiscation of vehicle by the concerned authorities have been referred to the Larger Bench in L.P.A. No. 1647 of 2015. Since the very issue is pending consideration before the Larger Bench, we deem it appropriate to order release of Bolero vehicle bearing registration No. BR-28G-1747 to the petitioner on furnishing

Patna High Court CWJC No.19326 of 2016 (2) dt.10-02-2017 2/2 surety bonds to the satisfaction of the District Magistrate-cumCollector, Gopalganj in connection with Kuchai Court P.S. Case No. 141/2016, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when required during the proceedings under the Bihar Excise Act.

List this case after the decision in L.P.A. No. 1647 of 2015.

(Hemant Gupta, ACJ.) (Sudhir Singh, J.) S.Pandey/- U