Patna High Court
Jitendra Kumar vs The State Of Bihar Through The ... on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17462 of 2021
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Jitendra Kumar, Son of Sri Yogendra Singh, Resident of Village - Bhola
Bigha, P.S. Islampur, District Nalanda. At present Resident of Brahmpur,
Jaganpur, P.S. Ram Krishna Nagar, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Superintendent of Police, Patna.
4. The Deputy Superintendent of Police, Kotwali, District Patna.
5. The Officer - in - Charge, Ram Krishna Nagar Police Station, District Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Respondent/s : Mr. Lalit Kishore ( Ag )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 23-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(I) For issuance of writ in the nature of
mandamus commanding and directing the respondents
authority to release the vehicle Glamour Motorcycle bearing
Registration No.BR01EL-5610, Chassis
No.MBLJAW100KGJ20698, Engine No.JA06ERKG19875
which was seized in connection with Gopalpur P.S. Case
No. 263/2021 dated 1.8.2021 registered under Sections
30(a)/37(b)(c) of the Bihar Prohibition & Excise Act, 2018
in favour of the petitioner who is owner of the vehicle.
(ii) And for any other relief/reliefs for which the
petitioner is found to be entitled in the eye of law."
Allegation is recovery of 500 ml. of illicit liquor from
the possession of one Pintu Kumar who was sitting in between
two persons on the motorcycle giving rise to Gopalpur P.S.
Patna High Court CWJC No.17462 of 2021 dt.23-12-2021
Case No. 263/2021 dated 1.8.2021 registered under Sections
30(a)/37(b)(c) of the Bihar Prohibition & Excise Act, 2018.
Petitioner claims to be the owner of the said vehicle
and only 500 ml. illicit liquor has been recovered from
possession of co-accused, Pintu Kumar, who was sitting in
between petitioner and other co-accused and they were found in
the drunken condition. It is further submitted that no
confiscation proceeding has been initiated till date.
In the facts and circumstances of the case, the
concerned District Magistrate/Confiscating officer, Patna is
directed to initiate confiscation proceeding, if not already
initiated and provisionally release the vehicle of petitioner after
due identification of ownership of the vehicle which was seized
by the police in excise case on production of ownership and
registration papers with respect to vehicle in question in his
name with two sureties (one local) to the extent of the value of
the vehicle as indicated in the insurance document.
The petitioner while submitting the sureties shall also
furnish the following affidavits/undertakings:
(i) That the petitioner shall not indulge in creating any
third party right or interest in respect of the vehicle during the
pendency of the confiscation proceeding and shall not alienate
Patna High Court CWJC No.17462 of 2021 dt.23-12-2021
the vehicle during this period.
(ii) The petitioner shall furnish an undertaking to
produce the vehicle before the confiscating authority as and
when required.
(iii)Prior to release of the vehicle, a Panchanama
would be prepared wherein the photograph of the vehicle shall
be taken and will be certified by the petitioner and same shall be
kept on record so that in future if so required, it may be used as
a secondary evidence. The petitioner shall furnish an
undertaking not to challenge the said Panchanama.
The release shall be allowed within a period of 14
days from the date of submission of the sureties and the
undertakings as stated above, which would however be subject
to finalization of the confiscation proceeding.
With said observations and direction, this writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/- Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
