Ravi Bhushan Kumar vs The State Of Bihar
2021 Latest Caselaw 2435 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7268 of 2021
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Ravi Bhushan Kumar Son of Tej Narayan Singh resident of village- Bakhari Mahesh, Police Station- Kalyanpur, District- East Champaran

... ... Petitioner/s Versus

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

2. The Director General of Police, Bihar, Patna

3. The Collector, Buxar

4. The Superintendent of Police, Buxar

5. The Officer in Charge of Buxar Town Police Station, Buxar

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s : Mr.Ramakant Yadav, Adv 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)

Date : 21-06-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents.

Petitioner has prayed for the following relief:-

"For issuance of appropriate writ/ writs/ direction/ directions, order/orders specially in the nature of mandamus with a direction upon the respondents to hand over the petitioner's motorcycle Royal Enfield (Bullet) bearing Registration No. BR-01 EH-7492, Engine No. U3S5C1KDO41442, Chassis No. ME3U3S5C 1KD 452749."

Patna High Court CWJC No.7268 of 2021 dt.21-06-2021

Learned counsel for the petitioner submits that nothing

has been recovered from his motorcycle and no confiscation

proceeding has been initiated till date.

As there is no allegation of recovery of any illicit liquor

from the seized motorcycle, same is not liable for confiscation

under section 56 of the Bihar Prohibition & Excise Act, 2016

and the Special Court (Excise) where the criminal case is

pending has jurisdiction to pass order of release of seized

motorcycle.

Writ petition is disposed of with liberty to petitioner

who is owner of the motorcycle to file an application under

Section 451 of Cr.P.C for release of his motorcycle in the

concerned Special Court (Excise) who shall dispose of such

petition within 30 days from the date of its filing.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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