Sonu Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Registration, Excise And Prohibit

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2732 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== Sonu Kumar Son of Satendra Singh At presently Resident of Rahul Kumar Bank Road Goal Ghar Opp.Tara Hospital,P.S.Gandhi Maidan,Dist.-Patna ... ... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department, Govt. of Bihar, Patna

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

3. The District Magistrate,Nalkanda

4. The Superintendent of Police, Nalanda

5. The Station House Officer, Rajgir Police Station,Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kant For the Respondent/s :

Mr. Anil Kumar Sinha (Ga1) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle (Motorcycle) bearing registration no. BR21E-2909, which has been seized by the police in connection with Rajgir P. S. Case No. 195 of 2018 for the offence under Sections 30(a), 37 (b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery of illicit liquor from the vehicle in question. It is submitted that no confiscation proceeding is pending in respect of the vehicle in question.

Considering the facts and circumstances of the case

Patna High Court Cr. WJC No.2732 of 2018(2) dt.02-11-2018 2/2 and also the judgment of the Hon'ble Division Bench in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018 (3) PLJR 403, the court below is directed to release the vehicle in question forthwith in favour of the petitioner within a week after submission of the document showing the ownership of the vehicle and registration certificate in the name of petitioner.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court. This application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) avin/- U T