RANJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for setting aside the order dated 25.03.2019 passed by the learned A.D.J. 3rd cum Special Judge, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 22 of 2019, registered for the offence punishable under Sections 30(a) 37(a) (b) of Bihar Excise and Prohibition Act, 2016, whereby and where-under the learned court below has rejected the petition of the petitioner dated 05.03.2019, filed for release of the motorcycle in question.

(2.) The case of the prosecution in brief is that while the informant along with other police personnel were on patrolling duty on 12.02.2019 at 6.30 P.M., the informant got information that some persons were creating nuisance after having consumed liquor, whereafter the informant is stated to have gone at the place of occurrence alongwith police force and had caught the accused persons from whose possession a bag containing two plastic bottles containing two liters of country made liquor were recovered. Thereafter, the aforesaid F.I.R. bearing Manpur P.S. Case No. 22 of 2019 was registered and the motorcycle in question is also stated to have been seized by the police from the place of occurrence.

(3.) It appears that the petitioner had then filed a petition for release of his motorcycle bearing Registration No. BR-21Q- 0904, before the concerned court on 5.3.2019, but the same has stood dismissed by the impugned order dated 25.3.2019 passed by the learned A.D.J. 3rd cum Special Judge, Nalanda at Biharsarif.