Nandu Rai vs The State Of Bihar
2022 Latest Caselaw 4343 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10811 of 2022
     ======================================================

Nandu Rai Son of Kamal Rai, Resident of Village- Dighi Kala Purvi, P.S. Hajipur Sadar, District- Vaishali. ... ... Petitioner/s Versus

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

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate-Cum- Collector, Katihar.

4. The Superintendent of Police, Katihar.

5. The Superintendent of Police, Vaishali, at Hajipur.

6. The Officer-In- Charge, Police Station Balpur, Katihar.

7. The Officer-In- Charge, Hajipur Sadar, Police Station- Vaishali at Hajipur.

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

For the Petitioner/s : Mr.Raja Ram Rai, Advocate For the Respondent/s : Mr.Kumar Manish (Sc5) ====================================================== 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 following reliefs:- Patna High Court CWJC No.10811 of 2022 dt.05-08-2022

It is submitted that 102.24 litres of illicit liquor was

recovered from the car of petitioner which was stolen for which

he had instituted an FIR dated 03.01.2021 (Annexure-2) and his

stolen vehicle was misused by miscreants for transporting illicit

liquor which was seized by police on 14.02.2021 and he is not

responsible of being indulged in carrying illicit liquor in his

vehicle as same was stolen for which he had already instituted

an FIR, for which petitioner cannot be held to be responsible.

In facts and circumstances of present case, District

Magistrate/Confiscating Authority concerned is directed to Patna High Court CWJC No.10811 of 2022 dt.05-08-2022

provisionally release the vehicle of petitioner after due

identification of ownership of the vehicle on production of

ownership and registration papers with respect to vehicle in

question upon furnishing adequate sureties to the satisfaction of

the concerned District Magistrate/Confiscating Officer.

The release shall be allowed within a period of 14 days

from the date of submission of the sureties.

With aforesaid direction and observation, the writ

petition is disposed of.

However, it shall always be open for petitioner to get

his vehicle released in terms of Rule 12(A) of Amended Excise

Rules, 2021.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.08.2022
Transmission Date       NA