Munna Khan @ Intyaj Khan @ Emtayaj Khan @ Imtiyaj Khan v. The State Of Bihar Through The District Magistrate, Buxar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2561 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- BUXAR =========================================================== Munna Khan @ Intyaj Khan @ Emtayaj Khan @ Imtiyaj Khan S/o Sarfaraj Khan, R/o Village- Barki Sarimpur, P.S.- Buxar Industrial, District- Buxar. .... .... Petitioner
Versus
1. The State of Bihar through the District Magistrate, Buxar.
2. The Superintendent of Police, Buxar.
3. The Excise Superintendent , Buxar.
4. The S.H.O. Excise, Buxar.
.... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Respondent/s : Mr. Vivek Prasad, Adv. =========================================================== 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.BR44P-2747, which was seized in connection with Case No.289 (O) of 2017 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.
4. Hence, the respondents are directed to release the
Patna High Court Cr. WJC No.2561 of 2017 dt.20-12-2017 referred vehicle in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.1,00,000/- (rupees one lakh) (not in the form of bank guarantee or cash) 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 or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.
5. Further proceeding of Confiscation Case No.217 of 2017 shall remain stayed till disposal of the 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date22.12.2017 Transmission Date 22.12.2017