Patna High Court
Awadh Kishor Choudhary vs The State Of Bihar on 7 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21163 of 2021
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Awadh Kishor Choudhary, Son of Late Ram Sogarath Choudhari, resident of
Ward No. 10, Kamla Garden, Mehsaul urf Rampur Lachmi, Police - Station-
Sitamarhi, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Prohibition and Excise, Vikas Bhawan, Bailey Road, Patna - 800001.
2. The Collector-cum-District Magistrate, Gopalganj.
3. Excise Superintendent, Excise and Prohibition Department, Gopalganj.
4. The Officer-in-Charge cum Sub-Inspector of Police, Kuchaikot Police
Station, District - Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Navendu Kumar, Advocate
For the Respondent/s : Mr.Vikash Kumar (SC11)
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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 by Hon'ble
the Chief Justice/ Hon'ble Judges through Video Conferencing
from their residential offices/residences. Also, the Advocates
and the Staffs joined the proceedings through Video
Conferencing from their residences/offices.)
Date : 07-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
" 1. That this writ petition is being filed for
provisional release of Bus (Heavy
Passenger Vehicle) of Ashok Leyland
Limited Model TF1812.0D4R bearing
Registration No. BR06PE8851 which has
been seized in connection with the
Kuchaikot Police Station Case No. 352/21
dated 22.08.2021 for the offences under
Section 30(a) of the Bihar Prohibition and
Patna High Court CWJC No.21163 of 2021 dt.07-02-2022
Excise Act, 2016."
Learned counsel for the petitioner submits that he is
owner of passenger bus which was seized in Kuchaikot P.S.
Case No. 35 of 2021 dated 22.08.2021 for the offences under
section 30(a) of the Bihar Prohibition and Excise Act, 2016 on
account of recovery of 35.2 liter liquor from the luggage of a
passenger kept in the dicky of the bus and for which a
confiscation case being confiscation case no. 1498 of 2021 was
initiated in which final order of confiscation has been passed by
the confiscating authority on 20.10.2021 against which
petitioner has filed appeal before the appellate authority being
appeal no. 886 of 2021 which is pending.
Allegation is recovery of 35.250 litres of liquor from the
dickey of the bus, which was passenger vehicle and liquor was
found in a luggage of one of the passenger when the police
searched, for which petitioner cannot be held responsible.
Petitioner claims to be owner of the seized bus which
is a passenger bus having valid route permit from Sonbarsha to
Jammu Via Muzaffarpur, Gopalganj, Lucknow, Agra, Noida,
Delhi etc. for a period from 16 August 2021 to 12 September,
2021 and on the relevant day, it was coming from Delhi to
Sitamarhi and was carrying passengers alongwith their luggage
Patna High Court CWJC No.21163 of 2021 dt.07-02-2022
and had no information that illicit liquor were kept in the dickey
of the 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,
who claims to be the registered owner of the seized bus on
submitting the ownership and registration document of the bus
and on furnishing bank guarantee 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 appeal/revision.
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
any order passed by Appellate/Revisional Authority.
With aforesaid observations and direction the writ
petition is disposed of.
(Sanjay Karol, CJ)
Rajiv/veena- ( S. Kumar, J)
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
