Md. Musafir Miyan, son of Bandhu Miyan vs The State of Bihar

Heard learned counsels for the parties.

This writ application has been filed for quashing the

order dated 11.08.2017 passed by the learned Special Judge, Excise,

Gaya in connection with Sherghati P.S. Case No. 22 of 2017 a case

registered under Sections 272, 273 and 414 / 34 of the Indian Penal

Code and Sections 30(a) and 32(2) of the Bihar Prohibition and

Excise (Amendment) Act, 2016.

Commercial quantity of liquor which is prohibited in

the State of Bihar was recovered from the vehicle of the petitioner

bearing registration no. JH 03T-7788.

A Division Bench of this Court while releasing the

vehicle in favour of the petitioner in C.W.J.C. No. 13670 of 2017

( Subhash Thakur vs. The State of Bihar & Ors .) ordered for

release of the vehicle on furnishing bank guarantee equivalent to the

value of the vehicle.

Hence, let the aforesaid vehicle be released in favour

of the petitioner on execution of the bank guarantee equivalent to the

price of the vehicle to the satisfaction of the learned Special Judge,

Excise, Gaya/successor Court.

With the aforesaid observation, this writ application

stands dispose of.