Md. Arman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.63 of 2018 In Cr. WJC 1404 of 2017 ======================================================

1. Md. Arman, Son of Abdul Lais, R/o Village- Koath, P.S.- Dawath , District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar Through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

2. The Excise Commissioner, Bihar, Patna.

3. The Collector Cum the District Magistrate, Rohtas.

4. Officer In Charge, Dawath, Rohtas.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Respondent/s : Mr. Anil Kumar Sinha - GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-07-2018 By order dated 09.10.2017, passed in Cr.W.J.C. No.1404 of 2017, the seized vehicle bearing registration No.BR45P/1831 in connection with Dawath P.S. Case No.34 of 2017 was ordered to be released in favour of the petitioner on production of bank guarantee of Rs.5,00,000/- (Five lacs).

This application has been filed for modification of the aforesaid order to the extent that besides bank guarantee the immovable property of the equal value may be accepted as surety or part bank guarantee and part of the value of the remaining immovable property be also accepted.

The order aforesaid passed in Cr.W.J.C. No.1404 of

Patna High Court MJC No.63 of 2018 (3) dt.04-07-2018 P2/ 2017 stands modified to the extent that the petitioner would be at liberty to produce immovable property of the equal value or if immovable property of the lesser value is produced the petitioner shall produce bank guarantee of the remaining value. (Birendra Kumar, J) Mkr./- U T