Jokhu Ray vs The State Of Bihar
2022 Latest Caselaw 4350 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Writ Jurisdiction Case No.11119 of 2022
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Jokhu Ray Son of Bahadur Ray, Resident of Village-Jaisinghpur Tola, P.S.-Turkaulia, District-East Champaran. ... ... Petitioner/s Versus

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

2. The Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3. The Collector-cum-District Magistrate, East Champaran.

4. The Superintendent of Police, East Champaran.

5. The Superintendent of Excise, East Champaran.

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

For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Respondent/s : Mr.Vivek Prasad (G.P.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):- Patna High Court CWJC No.11119 of 2022 dt.05-08-2022

Allegation is recovery of 300 ml. of illicit liquor

from the seized motorcycle of the petitioner.

Petitioner claims to be the owner of the said vehicle.

It is further submitted that a meagre quantity of 300

ml. of liquor has been recovered from the vehicle, as such, it

cannot be inferred that the vehicle was used for

transporting/carrying illicit liquor, nor it can be presumed that

recovered illicit liquor was kept for sale/purchase/ trade purpose

and it appears that same was kept for personal consumption.

In the facts and circumstances of the case, the District

Magistrate/Confiscating Officer concerned is directed to

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 in his/her name and on furnishing adequate sureties to

the satisfaction of District Magistrate / Confiscating Authority

and undertaking.

The release shall be allowed within a period of 14 days

from the date of submission of the sureties and the undertakings

as stated above, which would however be subject to finalization

of the confiscation proceeding.

Petitioner is also at liberty to get his/her vehicle Patna High Court CWJC No.11119 of 2022 dt.05-08-2022

released on payment of penalty in terms of Rule 12(A) inserted

by amending Bihar Prohibition and Excise Rules, 2021.

With said observation and direction, this writ petition

is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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