Kundan Kumar v. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 2415 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- NALANDA (BIHARSHARIFF) =========================================================== Kundan Kumar, Son of Sri Birendra Kumar Verma @ Bindeshwar Kumar Verma, Resident of village - Kewaidih, P.S. - Noorsarai, District - Nalanda .... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Patna Division, Patna.
4. The Principal Secretary (Excise), Government of Bihar, Patna.
5. The District Magistrate, Nalanda at Biharsharif.
6. The Sub Divisional Officer, Biharsharif, Nalanda.
7. The District Excise Superintendent, Nalanda at Biharsharif. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Binit Kumar, Advocate For the Respondents : Mr. Vivek Prasad, G.P.-7 =========================================================== 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-33F-3128 which was seized in connection with Case No. 154C 3 Excise 2016. Further prayer is for quashing the order dated 20.06.2017 passed in the aforesaid case by the learned Special Judge, Excise, Nalanda at Bihar Sharif whereby prayer for interim release was refused on the ground that Section 60 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the 'Act') bars jurisdiction of the Court in such matter
Patna High Court Cr. WJC No.2415 of 2017 dt.13-12-2017 2/2
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 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