Nandu Kumar Singh @ Nandu Kumar v. The State Of Bihar Through Principal Secretary Excise Dept. Govt. Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 2423 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD =========================================================== Nandu Kumar Singh @ Nandu Kumar, Son of Raghunandan Singh, resident of Village - Mujahida, P.S. - Kutumba, Distt. - Aurangabad (Bihar). .... .... Petitioner
Versus
1. The State of Bihar through Principal Secretary Excise Dept. Govt. of Bihar.
2. The District Magistrate, Aurangabad (Bihar).
3. The Superintendent of Police, Aurangabad (Bihar).
4. The S.H.O. Tandwa Police Station, Aurangabad (Bihar). .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the Respondents : Mr. Kumar Manish, SC-5 =========================================================== 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. BR02AB9950 which was seized in connection with Tandwa P.S. Case No. 52 of 2017 for the alleged violation of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act') as the same was carrying liquor.
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.2423 of 2017 dt.13-12-2017 2/2 on execution of bank guarantee of Rs.50,000/- (rupees fifty thousand) 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