Patna High CourtCR. WJC/2344/2017disposed

Sajan Kumar Sah v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And Or

2017-12-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2344 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- KHAGARIA =========================================================== Sajan Kumar Sah, S/o Jawahar Sah, R/o Village - Sonbarsha, P.S. - Chautham, District - Khagaria.

.... .... Petitioner

Versus

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

2. The District Magistrate-cum-Collector, Khagaria.

3. The Superintendent of Police, Khagaria

4. The Superintendent of Excise, Khagaria

5. The S.H.O. Chautham, P.S. - Khagaria.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Praveen Kumar Agrawal, Advocate For the Respondents : Mr. Vikash Kumar, SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-12-2017 Heard learned counsel for the parties.

2. This writ application has been preferred for quashing the order dated 04.07.2017 passed in Confiscation Case No. 23 of 2017-18 by the Collector, Khagaria whereby the Collector has confiscated the Tempo of the petitioner bearing registration no. BR34P 3689 which was seized in connection with Chautham P.S. Case No. 54 of 2017 for alleged violation of the Bihar Excise Law. Further prayer is for release of the said vehicle as no purpose would be served by its continued detention of the vehicle in police lock up as well as on the ground that authority of the executive to pre-trial confiscation is under challenge before a Larger Bench of this Court in L.P.A. No. 1647 of 2015 (Baleshwar Roy vs. The State of Bihar & Ors.).

3. After hearing the parties, finding substance in the

Patna High Court Cr. WJC No.2344 of 2017 dt.06-12-2017 2/2 submission aforesaid, let the aforesaid vehicle be released in favour of the petitioner on execution of bank guarantee of Rs.1,00,000/- (rupees one lakh) or document of immovable property of equal value standing in the name of the petitioner 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 or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.

4. The operation of the impugned order shall remain stayed and the release shall be subject to the final result of the pending L.P.A. aforesaid.

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

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 08.12.2017 Transmission Date 08.12.2017