Ram Bali Sahni vs The State Of Bihar
2021 Latest Caselaw 127 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.9910 of 2020
     ======================================================

Ram Bali Sahni S/o Karani Sahni R/o Village- Adampur, Ward No.-13 @ Adampur Nisf 2nd, P.T. Jiwar, P.S. Hathauri, Dist- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna.

2. The Collector/District Magistrate, Sitamarhi.

3. The Superintendent of Police, Sitamarhi.

4. The Excise Superintendent, Sitamarhi.

5. The Sub-Inspector, Excise, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Alok Kumar Alok, Adv For the Respondent/s : Mr. Vivek Prasad GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 13-01-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"That this is an application for issuance of an appropriate writ order or directing the respondent concern to release the vehicle Pulsar 150 DTS-1 motorcycle bearing Registration No. BR06CG1847 in favour of the petitioner which has been seized in connection with G.O. Case No. 29/2020 instituted for the offence u/s 30(a) Bihar Prohibition and Excise Act, 2016."

It has been submitted by learned counsel for the State

that during pendency of this writ petition, final order dated

19.12.2020 has been passed in Confiscation Case No. 353 of Patna High Court CWJC No.9910 of 2020 dt.13-01-2021

2020 and vehicle has been directed to be confiscated and put on

auction as such present writ petition for interim release of the

seized vehicle has become infructuous.

Petitioner is granted liberty to file appeal against the

order of District Collector/Confiscating Officer, Sitamarhi

before the appellate authority within 60 days and if any such

appeal is filed, the appellate authority shall condone the delay

in filing the appeal and shall decide the appeal on merit within

60 days from the date of filing of such appeal.

With aforesaid observation and liberty, this writ

petition is disposed of.

(Sanjay Karol, CJ)

( Anil Kumar Sinha, J) Ashwini/-

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Uploading Date          15.01.2021
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