Patna High CourtCR. WJC/2628/2017disposed

Amit Oberoi v. The State Of Bihar Through D.G.P. Bihar, Patna And ORS

2017-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2628 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Amit Oberoi S/o Raj Kumar Oberoi Resident of Mohalla- A-65 Hariom Appt. Exhibition Road, P.S. Gandhi Maidan, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar Through D.g.p. Bihar, Patna.

2. The Collector Cum-District Magistrate, Patna.

3. S.H.O. Danapur, Patna.

4. The Principal Secretary Excise Department, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Md. Shahnawaz Ali, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-12-2017 Petitioner is permitted to delete the prayer regarding quashing of F.I.R. of Danapur P.S. Case No.476 of 2017.

2. Heard learned counsel for the petitioner and the State.

3. This writ application has been preferred for release of the vehicle bearing registration No.BR01BF/8572, which was seized in connection with Danapur P.S. Case No.476 of 2017 for alleged violation of the Bihar Excise Law.

4. The constitutional validity of the provisions of Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 is under challenge in Cr. W.J.C. No. 2446 of 2017 (Rahul Kumar @

Patna High Court Cr. WJC No.2628 of 2017 dt.13-12-2017 P2/ Rahul V. The State of Bihar and others) and the matter is pending before the larger Bench of this Court.

5. Hence, the respondents are directed to release the referred vehicle in favour of the petitioner on execution of surety bond of Rs.3,00,000/- (Three lacs), not in the form of cash/Bank Guarantee, along with two sureties of the like amount 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 without permission of the authority concerned and shall produce as and when required by the Court.

6. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR 15.12.2017 CAV DATE NA Uploading Date15.12.2017 Transmission Date 15.12.2017