Neeraj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17346 of 2018 ====================================================== Neeraj Kumar, Son of Jagdish Singh, Residing of Village- Fatehjangpur, Post Office- Sabalpur, Police Station- Nadi Thana, District- Patna. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Patna.

3. The Superintendent of Police, Patna.

4. The Excise Officer, Patna.

5. The A.S.I. of Khursurpur Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Naresh Ray, Advocate For the Respondent/s :

Mr. Kumar Manish -SC5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 03-12-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner has prayed for provisional release of the vehicle (Motorcycle T.V.S. Apache 4V Blue White Colour) bearing Chassis No. MD637 AE77J2 F24509 Engine No. AE7FJ2323862, which has been seized by the police in connection with Khusrupur P. S. Case No. 176 of 2018 dated 19.07.2018 registered for the offence under Sections 37(c), 30 (b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery of illicit liquor from the vehicle in question. It is

Patna High Court CWJC No.17346 of 2018(2) dt.03-12-2018 2/2 submitted that no confiscation proceeding is pending in respect of the vehicle in question.

Considering the facts and circumstances of the case and also the judgment of the Hon'ble Division Bench in the case of Diwakar Kumar Singh Vs. The State of Bihar through the Principal Secretary, Excise Department & Ors. reported in 2018 (3) PLJR 403, the court below is directed to release the vehicle in question forthwith in favour of the petitioner within a week after submission of the document showing the ownership of the vehicle and registration certificate in the name of petitioner.

Since nothing has been recovered from the vehicle, there is no question of submission of any surety bond in view of the judgment of the Hon'ble Division Bench of this Court. This application stands disposed off, accordingly. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U T