Ruchi Shukla vs The State Of Bihar
2022 Latest Caselaw 4331 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11095 of 2022
     ======================================================

Ruchi Shukla Wife of Mani Bhushan Kumar Resident of Shushila Bhawan, Prabhat Nagar, Gobarsahi, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The District Magistrate-cum-Confiscation Officer, Gopalganj.

3. Officer in-Charge, Excise Police Station, Gopalganj.

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

For the Petitioner/s : Mr.Shivam, Advocate For the Respondent/s : Mr.Vivek Prasad (GP-7) ====================================================== 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 : 05-08-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

1. that this is an Application praying for

issuance of appropriate writ/writs directing

the officials respondents, particularly

Respondent No.2, to release the vehicle of

petitioner i.e. Bus namely Om Travels

bearing Registration No. BR06PE-5102,

Chassis No. MAT449305JOH10630, Engine Patna High Court CWJC No.11095 of 2022 dt.05-08-2022

No. 81H84808953 which has been seized in

connection with Gopalganj Excise Case No.

77 of 2022 dated 10.3.2022 for the alleged

offence registered under section 30(a) of the

Bihar Prohibition & Excise Act, 2016."

Allegation is recovery of 34.380 litres of illicit liquor

from the bus of the petitioner.

Petitioner claims to be owner of the seized bus which

is a passenger bus and he had no information that illicit liquor

were kept in his bus.

In facts and circumstances of present case, the District

Magistrate/Confiscating Authority, Gopalganj is directed to

provisionally release the seized bus in favour of the petitioner,

on submitting the ownership and registration document of the

bus and on furnishing bank guarantee of the half of the value as

indicated in the insurance document of the bus and further

furnishing and undertaking that no 3rd party right will be created

on the bus during pendency of confiscation proceeding.

The release of the bus shall be allowed within a period

of 14 days from the date of furnishing of bank guarantee and the

undertaking as stated above, which would however be subject to Patna High Court CWJC No.11095 of 2022 dt.05-08-2022

final outcome of the confiscation proceeding

With aforesaid observations and direction the writ

petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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