Patna High Court
Dinesh Kumar vs The State Of Bihar on 8 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10577 of 2021
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Dinesh Kumar S/o Raja Ram Prasad, Resident of village- Fulbariya Korwan,
P.S.- Chiksoura, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Bihar Prohibition and
Excise Department, Bihar, Patna.
2. The Excise Commissioner, Govt. of Bihar, Patna.
3. The District Magistrate, Nalanda at Biharsharif.
4. The Superintendent of Police, District of Nalanda at Biharsharif.
5. The Officer in Charge, Nagarnausa Police Station, District- Nalanda at
Biharsharif.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Respondent/s : Mr. Kumar Manish, S.C. 5
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(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 08-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
(i) To issue an appropriate order/s,
direction/s including a writ preferably in
nature of Mandamus commanding the
respondents to release the vehicle/Yamaha
motorcycle bearing Reg. No. BR01EU-
2803, Chassis No. ME1RG6613L0025135,
Engine No. G3N3E0025137 in favour of the
petitioner who is owner of the said
motorbike seized in Chiksoura P.S. Case
No. 37/2021 registered for the offences
Patna High Court CWJC No.10577 of 2021 dt.08-07-2021
punishable under sections 30(a) of Bihar
Prohibition and Excise (Amendment) Act,
2018 lying in the premises of Police station
and subject to natural decay by furnishing
sufficient security to the satisfaction of
learned Special Judge-Excise, Nalanda at
Biharsharif.
(ii) Any other relief/s to which the
petitioner is entitled in the facts and
circumstances of the case."
It has been submitted by learned counsel for the
State that during pendency of writ petition final order of
confiscation has been passed by the confiscating authority, as
such present petition for interim release of vehicle has become
infructuous.
It has been submitted by learned counsel for the
petitioner that ex parte order has been passed and no notice was
ever served upon the petitioner in respect of the confiscating
proceeding.
The writ petition is disposed with liberty to petitioner
to file a petition for recall of ex parte order and if the
confiscating authority comes to a finding on the basis of records
that there was no proper and valid service of notice upon the
petitioner, he shall recall the ex parte order and shall pass a fresh
order after affording opportunity to the petitioner to file his
show cause after hearing all the concern parties.
However, if the Confiscating Officer finds that in spite
Patna High Court CWJC No.10577 of 2021 dt.08-07-2021
of valid service of notice, petitioner did not contest the
proceeding, he shall dismiss the recall petition and petitioner
shall have liberty to file appeal against the order of confiscation
of the vehicle passed by the Confiscating Authority before the
Appellate Authority.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
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