Saroj Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1092 of 2014 ======================================================

1. Saroj Kumar Singh S/O Rajeshwar Singh Resident Of Village Kamdarpur, P.O. Chainpur, P.S. Mali, District Aurangabad. .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. The District Magistrate-Cum-Collector, Aurangabad.

3. The Superintendent Of Police, Aurangabad.

4. The Excise Superintendent, Aurangabad.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Sc8-Kumar Alok ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-07-2016 Heard the Counsel for the State. No one has appeared on behalf of the petitioner.

The application seeks a direction upon the respondents to release the pick-up van bearing registration mark and No. BR02Q4969 which was seized in connection with Amba P.S. Case No. 52 of 2013 registered under Sections 272, 420/34 of the Indian Penal Code read with Section 47(A) of the Excise Act. A counter affidavit is filed on behalf of the respondent no. 4. There is no rejoinder to the same.

In the counter affidavit, the reasons for effecting seizure of the vehicle found carrying the country made liquor in sachets has been explained. It is stated that the same seizure is an exhibit in the pending case/trial.

Patna High Court CWJC No.1092 of 2014 (2) dt.25-07-2016 2/2 If the matter concerning seizure of the vehicle is pending before the Court, the petitioner could have approached the Court for release of vehicle. Instead of doing so, the writ petition is filed. I find no merit in the application. It is, accordingly, dismissed.

(Kishore Kumar Mandal, J) Pankaj/- U