Patna High Court
Manish Kumar vs The State Of Bihar on 29 July, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10424 of 2022
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Manish Kumar S/o Sri Shyam Narayan Singh, R/o Village- Khamhaini, P.S.
Rampur, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Old Secretariat, Patna.
2. The District Magistrate, Patna.
3. The Senior Superintendent of Police, Patna.
4. The, S.H.O. Rajiv Nagar, Police Station, Patna.
... ... Respondent/s
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(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.)
Appearance :
For the Petitioner/s : Mr.Dhirendra Kumar Sinha, Adv
For the Respondent/s : Mr.Vikash Kumar (SC11)
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Patna High Court CWJC No.10424 of 2022 dt.29-07-2022
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 29-07-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Allegation is recovery of 180 ml of illicit liquor from
the seized vehicle.
Patna High Court CWJC No.10424 of 2022 dt.29-07-2022
Petitioner claims to be the owner of the said vehicle. It is
further submitted that a meagre quantity of 180 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
released on payment of penalty in terms of Rule 12(A) inserted
by amending Bihar Prohibition and Excise Rules, 2021.
Patna High Court CWJC No.10424 of 2022 dt.29-07-2022
With said observation and direction, this writ petition
is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
