Ashok Paswan v. The State Of Bihar, Through The Principal Secretary, Excise Department, Govrnment Of Bihar, Patna A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1283 of 2018 ====================================================== Ashok Paswan, Son of Teju Paswan, resident of Village- Maheshpura, P.S. Jhanjharpur, District- Madhubani.

.... .... Petitioner

Versus

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

2. The Director General of Police, Bihar, Patna.

3. The Inspector General of Police, Darbhanga.

4. The Deputy Inspector General of Police, Darbhanga.

5. The District Magistrate, Madhubani.

6. The Superintendent of Police, Madhubani.

7. The Deputy Superintendent of Police, Madhubani.

8. The S.H.O. Jhanjharpur Police Station, District- Madhubani.

9. The Investigating Officer of Rudrapur P.S. Case No. 116/2016, Assistant Sub- Inspector of Police namely Ajay Kumar, Son of Jagdish Singh, resident of Village- Jagdishpur, P.S. Suryagarha, District- Lakhisarai. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Vivek Prasad (Gp-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 3.

22-06-2018 It appears that the petitioner in the present application had also prayed for release of the currency note of Rs. 30,000/- (Rs. 2000 x 15) and also Rs. 1100/- (Rs.1000+100) which were seized by the Investigating Officer in connection with Rudrapur P.S. Case No. 111/2016 on 21.12.2016, however in the order dated 07.05.2018 passed in this case, the prayer of the petitioner with regard to release of the currency notes could not be taken note of and hence the operative part was also not recording the order for release of the currency notes.

Patna High Court Cr. WJC No.1283 of 2018 (3) dt.22-06-2018 Learned counsel for the State is present.

This court finds that, in the writ application, the petitioner had prayed for release of the currency notes as state-above, hence, the operative part of the order dated 07.05.2018 is modified to the extent that along with the vehicle in question the currency notes shall also be released in favour of the petitioner on his submitting surety bond of Rs. 31,100/- for the currency notes after preparing of panchanama with the correct denomination which will be duly certified by the petitioner and petitioner undertakes not to question the panchanama in course of trial. (Rajeev Ranjan Prasad, J.) Rajeev/- U T