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Sunil Kumar v. The State Of Bihar Through The Secretary, Department Of Excise, Government Of Bihar, Patna and Ors.

Patna HC13 Oct 2017CR. WJC/1828/2017

Case brief

AI extract

What is this about?

This writ application sought the release on bail of a motor vehicle seized under Bihar Excise law. The petitioner relied on a pending larger bench case regarding the Executive Officer's jurisdiction. The court granted ad interim custody subject to a surety bond and conditions.

What did the court decide?

The seized vehicle was directed to be released in favour of the petitioner on ad interim custody on the execution of a surety bond of Rs. 50,000 along with two sureties of like amount to the satisfact

Sunil Kumar Vs The State Of Bihar Through The… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.1828 of 2017

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

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Sunil Kumar, Son of Late Khagendra Nath Singh, Resident of villageKutubpur, Narayanpur, P.S.- Manihari, District- Katihar.

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.... .... Petitioner/s

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Versus

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

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The District Magistrate, Katihar. 3. The Superintendent of Police, Katihar. 4. The Officer in Charge, Manihari Police Station, Katihar.

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.... .... Respondent/s

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

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 13-10-2017

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Heard learned counsel for the petitioner and the State.

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Glamour Motorcycle of this petitioner bearing registration No. BR-39U/2914 was seized in connection with Manihari P.S. Case No.50 of 2017, a case registered for the alleged violation of the Bihar Excise law.

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Submission of the learned counsel for the petitioner is that the jurisdiction of the Executive Officer to confiscate the vehicle is subjudice before a larger Bench of this Court in LPA No.1647 of 2015 Baleshwar Roy V. The State of Bihar & Ors. In the circumstances, the vehicle in question be released in favour of

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Patna High Court Cr. WJC No.1828 of 2017 dt.13-10-2017

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P2/

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the petitioner as no purpose is going to be served by its continued detention in police lockup.

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Since no purpose is going to be served by continued detention of the vehicle, let the same be released in favour of the petitioner by way of ad interim custody on execution of surety bond of Rs.50,000/- (Fifty Thousand), not in the form of cash/Bank Guarantee, 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 without permission of the authority concerned and shall produce as and when required by the Court. The release shall be subject to the result of the L.P.A. aforesaid.

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

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(Birendra Kumar, J)

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Mkr./-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	17.10.2017
Transmission Date	17.10.2017

Sunil Kumar v. The State Of Bihar Through The Secretary, Department Of Excise, Government Of Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. The State Of Bihar Through The Secretary, Department Of Excise, Government Of Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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