Sonu Kumar vs The State Of Bihar

Patna High Court

Sonu Kumar vs The State Of Bihar on 31 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1620 of 2024
     ======================================================
     Sonu Kumar, aged about 23 years, Male Son of Mahendra Paswan, Resident
     of Village- Darapatti Jain Khurd, P.S- Muzaffarpur, District- Muzaffarpur.
                                                                   ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Principle Secretary Excise Department,
      Government of Bihar, Patna.
2.   The Director General of Police, Bihar, Patna.
3.   The Superintendent of Police, Siwan.
4.   The District Magistrate-cum-Collector, Siwan.
5.   The Dy. Superintendent of Police, Siwan.
6.   The S.H.O. Muffasil, P.S.- Siwan.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :       Ms. Kumari Anupam, Advocate
     For the Respondent/s    :       Mr. Subhash Prasad Singh, GA 3
                                     Mr. Indeshwari Prasad Mandal, AC to GA 3
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE RAMESH CHAND
     MALVIYA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 31-01-2024 In the instant petition, the petitioner has prayed for the following reliefs:

"i. Releasing of Car Maruti from ISS Delta registration no. BR-01HH 1043 Chasis No. MBHKWD13SPG134216, Engine No. K12NP7309009 seized in connection with Siwan Muffasil P.S. Case No. 550/2023 instituted u/s 30(a) of the Bihar Prohibition and Excise Act, 2016, awaiting confiscation."

2. In support of such relief there is no demand before the competent authority in particularly under Rule of 12 A of the Bihar Patna High Court CWJC No.1620 of 2024 dt.31-01-2024 2/2 Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.

3. In the absence of demand before the competent authority the present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present petition stands disposed of as pre-mature.

4. Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass speaking order within a period of two weeks from the date of receipt of this order.

5. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) (Ramesh Chand Malviya, J) Anand Kr.

AFR/NAFR
CAV DATE
Uploading Date             07.02.2024
Transmission Date