BINOD PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed for setting aside the order dated 16.01.2019 passed by the learned 6th Additional District and Sessions Judge cum Special Judge, (Excise) Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 360 of 2018, registered for the offence punishable under Sections 30(a)/ 37 (b)/ 37(c) of Bihar Excise and Prohibition Act, 2016, whereby and where-under the learned court below has rejected the petition of the petitioner dated 15.01.2019, 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 06.12.2018 at about 3.00 P.M., the informant got information that some persons were sitting at village- Virchait and Visthapit and were consuming liquor, whereafter the informant is stated to have gone at the place of occurrence along with the police force and had caught three persons from the place of occurrence and three big green colour plastic bottles containing about 7 1/2 liters country made liquor were recovered. Thereafter, the aforesaid F.I.R. bearing Rajgir P.S. Case No. 360 of 2018 was registered and the motorcycle in question is also stated to have been seized by the police along with other motorcycles, from the place of occurrence.

(3.) It appears that the petitioner then filed a petition for release of his motorcycle bearing Registration No. BR-21R- 2619, before the concerned court on 15.01.2019, but the same has stood dismissed by the impugned order dated 16.01.2019 passed by the learned 6th Additional District and Sessions Judge cum Special Judge (Excise), Nalanda at Biharsarif.