Patna High Court
Rajeshwar Prasad @ Rajeshwer ... vs The State Of Bihar on 28 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6038 of 2021
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Rajeshwar Prasad @ Rajeshwer Prasad Son of Medani Gop, Resident of
Village - Basobagi, P.S. Barh, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Nawada.
3. The Superintendent of Police, Nawada.
4. The S.H.O., Narhat Police Station, District - Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar, Advocate
Mr. Hans Raj, Advocate
For the Respondent/s : Mr. Kumar Manish, S.C. 5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 28-05-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"For issuance of an order/orders, writ/writs,
direction/directions commanding the respondents
authority to release the TATA SFC 407EX2/31,
WB BS III bearing Registration No. BR 01GF
8740, Chassis No. MAT455043H8B03029 and
Engine No. 497SP67BSY 604093 belonging to
the petitioner which has been seized by the police
in connection with Narhat P.S. Case No.
Patna High Court CWJC No.6038 of 2021 dt.28-05-2021
259/2020 dated 01.11.2020 instituted for the
offences under Sections 279, 337, 338, 427 of the
Indian Penal Code and Section 37(b)(c) of the
Bihar Prohibition and Excise Act 2016 as
contained in Annexure-1 to the writ application,
pending in the court of learned Addl. District and
Sessions Judge-2nd-cum-Special Judge (Excise),
Nawada."
Allegation against driver of the seized vehicle is
driving the vehicle in a rash and negligent manner in a drunken
condition causing damage to Govt. property giving rise to
Narhat PS Case No. 259 of 2020 dated 01.11.2020 instituted for
the offences punishable under Sections 279, 337, 338 and 427 of
IPC and Section 37(b) (c) of Bihar Prohibition & Excise Act,
2016.
As there is no allegation of recovery of any illicit
liquor from the seized vehicle, 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
vehicle.
Writ petition is disposed of with liberty to
petitioner who is owner of the vehicle to file an application
under Section 451 of Cr.P.C for release of his vehicle in the
concerned Special Court (Excise) who shall dispose of such
Patna High Court CWJC No.6038 of 2021 dt.28-05-2021
petition within 30 days from the date of its filing.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
