Patna High CourtCR. WJC/2167/2017disposed

Ram Pravesh Mahto v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna And Or

2017-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2167 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- VAISHALI(HAJIPUR) ===========================================================

1. Ram Pravesh Mahto Son of Dwarika Mahto Resident of Village- Pakri Ismil @ Pakri Ismail, P.S. Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Muzaffarpur.

3. The Superintendent of Police, Muzaffarpur.

4. The S.H.O. Sarai Police Station, P.S. Sarai, District Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, GA-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the petitioner and the State.

2. This writ application has been preferred for release of the vehicle bearing registration No.BR-06/4814, which was seized in connection with Sarai P.S. Case No.137 of 2016 for alleged violation of the Bihar Excise Law.

3. 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 @ Rahul V. The State of Bihar and others) and the matter is pending before the larger Bench of this Court.

Patna High Court Cr. WJC No.2167 of 2017 dt.20-12-2017 P2/

4. Hence, the respondents are directed to release the referred vehicle in favour of the petitioner by way of ad interim custody on execution of bank guarantee of Rs.6,00,000/- (Six Lacs) or sale deed of immovable property of equal value standing in the name of the petitioner to the satisfaction of the learned Courtbelow/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.

5. Further proceeding of Confiscation Case, if any, shall remain stayed till disposal of Cr.W.J.C. aforesaid and shall be subject to the Cr.W.J.C. aforesaid.

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

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date 22.12.2017