Chandavir Kamat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5394 of 2018 ====================================================== Chandavir Kamat, son of Yugeshwar Kamat, resident of House No.1 Kumarkhat, P.S. Khurkhat, District-Madhubani. ... ... Petitioner/s

Versus

1.The State Of Bihar through its Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2. The Divisional Commissioner, Excise Department, Madhubani Division, Madhubani.

3. District Magistrate, Madhubani.

4. Superintendent of Police, Madhubani.

5. Officer Incharge, P.S. Ladhuniya, District Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-03-2018 Defects pointed out by the office be ignored. This writ petition has been filed for release of a vehicle (Motorclce) bearing Registration No. BR 32K 3014, which has been seized in connection with Ladaniya P.S. Case No.81 of 2017 due to violation of the Bihar Prohibition and Excise Act, 2016.

It is alleged that person on the vehicle in question was found in a drunken state and no liquor was seized from the vehicle in question.

It is common ground that in various cases, identical in

Patna High Court CWJC No.5394 of 2018(2) dt.23-03-2018 2/2 nature, pending finalization of the criminal case, vehicles have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case. Keeping in view the aforesaid, it is directed that pending finalization of the criminal case, the aforesaid vehicle in question shall be released to the petitioner on his furnishing two sureties to the satisfaction of District Magistrate, Madhubani, within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question in any manner during the pendency of the criminal case.

With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) ( S. Kumar, J) Sunil/- U