Subodh Kumar vs The State Of Bihar Through Its ...
2021 Latest Caselaw 2922 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9232 of 2021
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Subodh Kumar, son of Sone Lal Mahto, Resident of Village-Maidapur Sharfuddinpur, P.S.-Muzaffarpur, District-Muzaffarpur.

... ... Petitioner/s Versus

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

2. The Director General of Police, Bihar, Patna.

3. The District Magistrate, Sitamarhi.

4. The Superintendent of Police, Sitamarhi.

5. The Sub Inspector Excise, Sitamarhi.

6. The A.S.I. cum SHO of Parsauni Police Station, District-Sitamarhi.

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Respondent/s : Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 01-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

(I) For issuance of appropriate/ writ/ writs/

direction /directions /order / orders for release of the Shine SP

Honda Motorcycle bearing Registration No. BR 06 BQ 2675,

Engine No.JC73ET2099063, Chassis

No.ME4JC737FJT054349 in connection with Parsauni P.S.

Case No. 107/ 2020 dated 23.12.2020 registered for an Patna High Court CWJC No.9232 of 2021 dt.01-07-2021

offence under Section 30(a) of Bihar Prohibition & Excise

Act, 2016 pending in the court of learned A.D.J.-II-cum-

Special Judge (Excise Act) Sitamarhi, which has not been sent

to the learned Collector cum District Magistrate, Sitamarhi for

its confiscation.

(ii) For issuance of appropriate / writ / writs /

direction / directions / order / orders for release of vehicle in

question in favour of the petitioner on adequate surety on the

terms and conditions as laid down by this Hon'ble Court.

(iii) For any other relief/ reliefs to which the

petitioner may be found entitled in the facts and

circumstances of the case."

It has been submitted by learned counsel for the State

that final order has been passed by the confiscating authority on

24.03.2021 in confiscation case no.252 of 2020, as such,

present writ petition for interim release of vehicle has become

infructuous.

As such, petitioner is granted liberty to avail the

remedy of appeal against the confiscation order passed by the

Confiscating Authority -cum- District Magistrate, before the

appellate authority and if any such appeal is filed within 8

weeks from today, the appellate authority shall condone the

delay in filing the appeal and shall decide the appeal on its own

merit preferably within 8 weeks from the date of its filing.

Patna High Court CWJC No.9232 of 2021 dt.01-07-2021

During pendency of appeal, the confiscated property/

vehicle shall not be auction sold, if not already auction sold.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
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Uploading Date          02.07.2021
Transmission Date       NA