SWAPAN KAMAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed basically for a direction to the respondent authority to release the Scorpio four wheeler vehicle bearing Registration No. BR-02W-3751, which has been seized in connection with Gaya Civil Lines P.S. Case No. 133 of 2019 registered for the offence under Section 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition And Excise Act, 2018.

(2.) The relief claimed by the petitioner has been stipulated in paragraph no. 1 of the writ application, which reads as follows:-

(3.) The factual matrix of the case is that prosecution case got initiated on the written report of Sub Inspector of Police Rani Kumari, S.H.O., Civil Lines P.S., Gaya that on 16.03.2019 at 8.10 P.M. on the basis of secret information, a vehicle checking was conducted near Maharani Bus Stand where a white Scorpio bearing Registration No. BR-02W-3751 was intercepted. Subsequently, two persons on a motorcycle who were following the Scorpio vehicle, were also intercepted who disclosed their name as, Aman Kumar and Manoj Kumar. The Scorpio vehicle was being driven by Akash Kumar and the other person who was sitting, disclosed his name as Pappu Kumar. The accused person were arrested and the liquor was reccovered from one Bhola and it was to reach to the brother- in- law of Akash Kumar namely, Shiv Ramani. Consequently, Gaya Civil Lines P.S. Case No. 133 of 2019 was registered on 16.03.2019 under Sections 272 / 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition And Excise Act, 2018 against four persons namely, Akash Kumar, Pappu Kumar, Bhola and Shiv Ramani. The petitioner is not named in the First Information Report.