Patna High CourtCR. WJC/762/2017allowed

Rohit Kumar Singh v. The State Of Bihar, Through The Principal Secretary, Excise Department And ANR

2017-06-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr. WJC No.762 of 2017 (2) dt.07-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.762 of 2017 ======================================================

1. Rohit Kumar Singh S/o Moti Singh Resident of Village- Basipur, P.O. Jodausha, P.S. Banka, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Excise Department .

2. The District Magistrate at Banka.

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

For the Petitioner/s : Mr. Atul Kumar, Advocate For the Respondent/s : Mr. Kumar Manish, S.C.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2017 Seeking release of a vehicle bearing Registration No. BR-10GA-4970, Engine No.

08LTDICR1L06NUYSA2512, Chassis No. MAT535002FVN40492 (Tata ACE Mega BS III Blue Colour) by the Panjwara Police Station in connection with Panjwara P.S. Case No. 19 of 2017, under Section 37b of the Bihar Prohibition and Excise Act, 2016, this writ petition has been filed.

Having heard learned counsel for the parties, it is directed that pending finalization of the criminal case and the confiscation proceeding, keeping in view various orders passed by a co-ordinate Benches of this Court, I allow this criminal writ application and direct for release of the vehicle in question, bearing Registration No.

BR-10GA-4970, Engine No.

Patna High Court Cr. WJC No.762 of 2017 (2) dt.07-06-2017 08LTDICR1L06NUYSA2512, Chassis No. AT535002FVN40492 (Tata ACE Mega BS III Blue Colour) to the petitioner on furnishing surety or security bonds to the satisfaction of the respondent No.2, District Magistrate, Banka, in connection with Panjwara P.S. Case No. 19 of 2017 and further undertaking to keep the vehicle and produce before the District Magistrate, Baka, as and when directed and further directed not to alienate during pendency of the proceeding for confiscation the vehicle in question, as released.

With the aforesaid, this writ petition stands disposed of.

(Arvind Srivastava, J.) brajesh/- U