Allowed

Helal @ Md. Hlal v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna and Or

Patna HC17 Oct 2017CR. WJC/1958/2017

Case brief

AI extract

What is this about?

The Patna High Court ordered the release of the petitioner's tempo, seized for alleged excise law violation, subject to depositing a bank guarantee of Rs. 1,00,000, pending the outcome of a larger bench appeal challenging pre-trial confiscation.

What did the court decide?

The seized tempo vehicle was directed to be released to the petitioner upon execution of a bank guarantee of Rs. 1,00,000/-. The petitioner undertook not to dispose of or encumber the vehicle without

Helal @ Md. Hlal Vs The State Of Bihar… — Contract and Commercial Disputes | Patna HC (2017)

¶1

Patna High Court Cr. WJC No.1958 of 2017 dt.17-10-2017

¶2

1/2

¶3

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶4

Criminal Writ Jurisdiction Case No. 1958 of 2017

¶5

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

¶6

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

¶7

Helal @ Md. Hlal, Son of Late Danish, resident of Village Gualtoli Nisharpatti, P.S

¶8

– Abadpur, District Katihar

¶9

.... .... Petitioner

¶10

Versus

¶11

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

¶12

The District Magistrate, Katihar

¶13

The Superintendent of Police, Katihar

¶14

The S.H.O. Abadpur Police Station, P.S Abadpur, District Katihar

¶15

.... .... Respondents

¶16

=========================================================== Appearance : For the Petitioner : Mr. Mukesh Kumar Jha, Advocate For the Respondents : Mr. Anil Kumar Sinha, G.A. 1

¶17

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

¶18

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

¶19

Date: 17-10-2017

¶20

Heard learned counsel for the parties.

¶21

Tempo of the petitioner bearing registration no. BR-

¶22

39K-4160 was seized by the police in connection with Abadpur P.S. Case No. 121 of 2017 for alleged violation of the Bihar Excise Law.

¶23

Submission of the learned counsel for the petitioner is that no purpose would be served by continued detention of the vehicle till completion of the criminal trial because pre-trial confiscation of the seized article is challenged in L.P.A. No. 1647 of 2015 ( Baleshwar Roy vs. The State of Bihar & Ors. ) before a Larger Bench of this Court.

¶24

Patna High Court Cr. WJC No.1958 of 2017 dt.17-10-2017

¶25

2/2

¶26

After hearing the parties, finding substance in the submission aforesaid, let the aforesaid vehicle be released in favour of the petitioner on execution of bank guarantee of Rs.1,00,000/- (rupees one lac) 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.

¶27

The release shall be subject to the result of the L.P.A.

¶28

aforesaid.

¶29

With the aforesaid observation, this application

¶30

stands disposed of.

¶31

(Birendra Kumar, J)

¶32

Kundan/-

¶33

AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	18.10.2017
Transmission
Date	18.10.2017

Helal @ Md. Hlal v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna and Or

Case brief

What is this about?

What did the court decide?

Helal @ Md. Hlal v. The State Of Bihar Through The Principal Secretary, Excise Department, Govt. Of Bihar, Patna and Or

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manish Kumar Singh Vs The State Of Bihar Through Principal Secretary Excise Department Patna and Ors.

Barahama Kumar Vs The State Of Bihar Through The Director General Of Police, Bihar, Patna and Ors.

Bhavnath Singh Vs The State Of Bihar, Through The Principal Secretary, Home police Department, Govt. Of Bihar, Patna

Rakesh Kumar Vs The State Of Bihar Through The District Magistrate, Bhojpur At Ara and Ors.

Gulshan Nathwani Vs The State Of Bihar Through Principal Secretary, Home Department , Bihar, Patna and Ors.

Suraj Kumar Vs The State Of Bihar Through Principal Secretary, Excise Department, Government Of Bihar, Patna and O