Ram Prasad Kamat v. The State Of Bihar Through The Secretary Department Of Excise Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1060 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MADHUBANI =========================================================== Ram Prasad Kamat, Son of Late Lusi Kamat, resident of Village - Tisiyahi, P.S. - Benipatti, District - Madhubani .... .... Petitioner

Versus

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

2. The District Magistrate, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The Officer in-charge of Benipatti Police Station, District - Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Respondents : Mr. Kumar Manish, SC-V =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-08-2017 Heard learned counsels for the parties.

2. The petitioner claims to be owner of Motorcycle vehicle bearing registration no. BR-32R-6766 which was seized in connection with Benipatti P.S. Case No. 196 of 2016 registered for alleged violation of Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

3. Considering the fact that no purpose is going to be served by continued detention of the vehicle as the power, of the Executive Authority to confiscate and auction the seized articles which is exercisable by a judicial authority, is under challenge before a Larger Bench in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.) as well as considering the fact that different

Patna High Court Cr. WJC No.1060 of 2017 dt.11-08-2017 2/2 Division Benches of this Court have ordered interim release of the seized vehicle in favour of the owner of the vehicle, let the vehicle in question be released in favour of the petitioner on execution of surety bond of Rs.50,000/- (rupees fifty thousand) (not in the form of bank guarantee or cash) along with two sureties with condition that the petitioner shall not dispose of the same without permission of the Court and shall produce the vehicle as and when required by the court.

4. This order shall be subject to the final result of the pending L.P.A. aforesaid.

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

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 12.08.2017 Transmission Date 12.08.2017