BEERENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) The present writ application has been filed for a direction to the respondent authorities to release the cosmetics and toiletry items of the petitioner seized in connection with Ahiyapur P.S. Case No.581 of 2019, registered for the offences punishable under Sections 30(a), 38 and 41 of the Bihar Excise and Prohibition Act , 2016. Further prayer of the petitioner is to accept the personal bond of M.D. of the Company, in palce of indemnity bond, as directed vide order dated 16.09.2019, passed by the learned Special Judge, Excise, Muzaffarpur, in connection with Ahiyapur P.S. Case No.581 of 2019. The prayer of the petitioner as stipulated in paragraph no.1 of the petition, in toto, reads as under :-

(3.) It appears that the present writ application has virtually been filed for modification of the order dated 16.09.2019, passed by the learned Special Judge, Excise, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 581 of 2019, in pursuant to the order dated 04.09.2019, passed by a Division Bench of this Court in CWJC No. 16700 of 2019, as contained in Annexure-2, whereby, the petitioner has prayed for release of the cosmetics and toiletry items, which was seized in connection with Ahiyapur P.S. Case No. 581 of 2019 after recovery of some cartoons containing Indian Made Foreign Liquor from the container on which the petitioner' articles were also booked for transportation from Haridwar to Patna. However, the writ application was disposed of with a liberty to the petitioner to approach the concerned Court and file a petition for release of the articles which was directed to be disposed of within two days from the date of filing of such petition.