Rohit Das v. The State Of Bihar Through The Secretary, The Department Of Custom And Excise, The Government Of Bi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1355 of 2018 ====================================================== Rohit Das S/o Late Jagdish Das, Permanent Addrss- R/o Vill.- Sinhiya Chaklaghat, P.S. & District- Kishanganj (Bihar) At Present Add.- C/o R. Biuswas, R/o Ashrampara, P.S.- District- Siliguri (West Bengal). .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, the Department of Custom And Excise, The Government of Bihar, Patna.

2. The District Magistrate, Araria.

3. The Superintendent of Police, Araria.

4. The Excise Superintendent, Araria.

5. The Deputy Superintendent of Police Araria.

6. Sri Ranjit Kumar, A.S.I., Excise, Sadar Cum Forbesganj Circle, Araria. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Abhijeet Gautam For the Respondent/s : Mr. Kumar Manish (Sc 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for release of the vehicle (White Colour Mahindra Scorpio) bearing registration no. WB74AH-5295 in favour of the petitioner in connection with Excise Spl. Case No. 496/2018 for the offences under Section 30(a) 45 of Bihar Prohibition and Excise Act, 2016. It is alleged that 115 liters of illicit liquor have been recovered from the vehicle in question.

Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms and conditions which may be imposed by this Court for provisional release of the vehicle in question.

In view of the views expressed by the Hon'ble Division Bench of this Court, considering the quantity of the illicit liquor being more than 100 liters, this Court would direct release of the

Patna High Court Cr. WJC No.1355 of 2018 (2) dt.24-07-2018 vehicle in question within one week on furnishing two sureties along with a bank guarantee for the value of the vehicle in question as indicated in the insurance document. Apart from the above, the petitioner shall be obliged to submit an undertaking before the District Magistrate, Araria that during the pendency of the confiscation proceeding he would not deal with the vehicle in question and shall not create any kind of encumbrance whatsoever and no third party right or interest shall be created. He would also undertake to produce the vehicle in question as and when required by the authority concerned.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Rajeev/- U T