Rajiv Kumar Singh @ Rajiv Kr. v. The State Of Bihar Through The Principal Secretary Excise Department, Patna , Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 2122 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR =========================================================== Rajiv Kumar Singh @ Rajiv Kr., S/o Shivkant Singh, R/o Village - Bajitpur, P.S. - Kudhani, District - Muzaffarpur.
.... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Excise Department, Patna, Bihar.
2. The District Magistrate (Collector), Muzaffarpur.
3. The Excise Superintendent, Muzaffarpur.
4. The Excise Inspector, Eastern Range, Muzaffarpur.
5. The S.I., Excise, Sadar Anchal, Muzaffarpur. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Alok Kumar Alok, Advocate For the Respondents : Mr. Vivek Prasad, GP-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-12-2017 Heard learned counsel for the parties.
2. This writ application has been filed for release of the vehicle bearing registration no. BR-066A/7769 which was seized in connection with C-II Case No. 30 of 2017. Further prayer is for quashing the order dated 09.08.2017 passed in the aforesaid case by the learned Special Judge, Excise, Muzaffarpur whereby prayer for interim release was refused on the ground that Section 60 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act') bars jurisdiction of the Court in such matter.
3. Since constitutional validity of Sections 56, 57, 58 and
Patna High Court Cr. WJC No.2122 of 2017 dt.13-12-2017 2/2 60 of the Act is under challenge and the matter is pending before a Larger Bench in Cr.W.J.C. No. 2446 of 2017 (Rahul Kumar @ Rahul Vs. The State of Bihar & Ors.), let the aforesaid vehicle in question be released in favour of the petitioner as ad interim custody on execution of bank guarantee of Rs.3,00,000/- (rupees three lakhs) or immovable property of equal value standing in the name of the petitioner to the satisfaction of the learned court below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.
4. The release shall be subject to the final result of the pending Cr.W.J.C. aforesaid.
5. With the aforesaid observation and direction, this writ application, accordingly, disposed of.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 16.12.2017 Transmission Date 16.12.2017