Patna High CourtCR. WJC/2418/2017disposed

Chandan Sah @ Chandan Kumar v. The State Of Bihar Through Principal Secretary, Excise, Govt. Of Bihar, Patna And ORS

2017-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2418 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- JAMUI =========================================================== Chandan Sah @ Chandan Kumar, Son of Sunil Sah, Resident of Mahisaunj, P.S. - Jamui, District - Jamui (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Excise, Govt. of Bihar, Patna.

2. The District Magistrate-cum-Collector, Jamui.

3. The Superintendent of Excise, Jamui.

4. S.H.O., Laxmipur.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the Respondents : Mr. Kumar Ravish, Advocate =========================================================== 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 46P 1261 which was seized in connection with Laxmipur P.S. Case No. 170 of 2017 for the alleged violation of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act').

3. Since constitutional validity of Sections 56, 57, 58 and 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

Patna High Court Cr. WJC No.2418 of 2017 dt.13-12-2017 2/2 on execution of bank guarantee of Rs.1,00,000/- (rupees one lakh) 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