Disposed

Yugal Kishore Bhagat v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

Patna HC9 Oct 2017CR. WJC/1715/2017

Case brief

AI extract

What is this about?

This writ petition sought direction to release a motorcycle seized in an excise case involving commercial liquor. The court ordered interim release upon execution of a ₹50,000 bank guarantee.

What did the court decide?

Vehicle released on execution of a bank guarantee of Rs.50,000 to the satisfaction of the Special Judge (Excise Act).

Yugal Kishore Bhagat Vs The State Of… — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.1715 of 2017

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Arising Out of PS.Case No. -null Year- null Thana -null District- SITAMARHI

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===========================================================

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Yugal Kishore Bhagat, son of Khublal Bhagat, Resident of Village- Bhatolia, P.S. Bathnaha, District- Sitamarhi.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

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The District Magistrate-cum-Collector, Sitamarhi, District- Sitamarhi.

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The Superintendent of Police, Sitamarhi, District- Sitamarhi.

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The Station Head Officer, Sitamarhi Police Station, District- Sitamarhi.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr. Kumar Manish, SC-5

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 09-10-2017

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Heard learned counsel for the petitioner and the State.

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The writ application has been filed for direction to the respondents to release the motorcycle of the petitioner bearing registration No.BR-06AA-7408 which was seized in connection with Sitamarhi P.S. Case No.555 of 2016, a case registered for violation of the Excise laws.

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Commercial quantity of liquor which is prohibited in the State of Bihar was recovered from the vehicle of the petitioner bearing registration No. BR-06AA-7408.

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A division Bench of this Court while releasing the

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Patna High Court Cr. WJC No.1715 of 2017 dt.09-10-2017

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P2/

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vehicle in favour of the petitioner in CWJC No.13670 of 2017 (Subhash Thakur V. The State of Bihar & Ors.) ordered for release of the vehicle on furnishing bank guarantee equivalent to the value of the vehicle.

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Hence, let the aforesaid vehicle be released, by way of interim custody, in favour of the petitioner on execution of the bank guarantee of Rs.50,000/- (Fifty Thousand) to the satisfaction of the learned Special Judge (Excise Act), Sitamarhi/Successor Court.

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With the aforesaid observation, this writ application stands disposed of. The release shall be subject to the result of the L.P.A. No.1647 of 2015 (Baleshwar Roy V. The State of Bihar &

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ors.) .

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Mkr./-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	12.10.2017
Transmission Date	12.10.2017

Yugal Kishore Bhagat v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

Case brief

What is this about?

What did the court decide?

Yugal Kishore Bhagat v. The State Of Bihar Through The Principal Secretary, Registration, Excise And Prohibition Department

Case brief

What is this about?

What did the court decide?

What the court decided

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