Patna High CourtCR. WJC/1994/2017disposed

Brij Kumar Singh v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

2017-11-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1994 of 2017 =========================================================== Brij Kumar Singh, son of Deep Narayan Singh, resident of Village- Jataha, P.O. Koiladewa, P.S. Phulwaria, District- Gopalganj. .... .... Petitioner

Versus

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

2. The District Magistrate, Gopalganj.

3. The Superintendent of Police, Gopalganj.

4. The Officer In-charge Phulwaria Police Station, District Gopalganj. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad, Adv. For the Respondent/s : Mr. Vivek Prasad, G.P.7. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-11-2017 Heard learned counsel for the petitioner and the State.

2. The Super Splendor Motorcycle of this petitioner bearing registration No.BR-28Q/6928 was seized in connection with Phulwaria P.S. Case No.111 of 2017 for alleged violation of the Bihar Excise law.

3. Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. In the circumstances, till pendency of the L.P.A. aforesaid, the vehicle, in question, be released in favour of the petitioner.

Patna High Court Cr. WJC No.1994 of 2017 dt.08-11-2017

4. Since no purpose is going to be served by continued detention of the vehicle, let the same be released in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.50,000/- (Fifty Thousand), not in the form of cash/Bank Guarantee, along with two sureties of the like amount to the satisfaction of the learned Court-below/authority concerned, with condition that the petitioner would not dispose of the said vehicle without permission of the authority concerned and shall produce as and when required by the Court. The release shall be subject to the result of the L.P.A. aforesaid.

5. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.11.2017 Transmission Date 11.11.2017