Prakash Kumar vs The State Of Bihar
2022 Latest Caselaw 2690 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA

                    Civil Writ Jurisdiction Case No.5539 of 2022

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Prakash Kumar S/o Late Akhilesh Kumar Singh, Resident at Moh-Saristabad, P.S.-Gardanibagh, Dist-Patna, Pincode-800001 .. ... Petitioner/s Versus

1. The State of Bihar through Secretary of Excise Department Bihar at Patna.

2. The Collector-Cum District Magistrate, Jehanabad

3. Superintendent of Police (S.P.)) District-Jehanabad.

4. S.H.O., Ghoshi P.S.- District-Jehanabad.

5. Vinod Kumar Yadav A.S.I. Okari OP District-Jehanabad.

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

For the Petitioner/s : Mr.Md. Mokhtar Ansari, Advocate For the Respondent/s : Mr.Kumar Manish ( Sc 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 10-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- Patna High Court CWJC No.5539 of 2022 dt.10-05-2022

It is submitted that 20 litres of illicit liquor was

recovered from the motorcycle of petitioner which was stolen

on 11.06.2019 for which he had instituted an FIR (Annexure-1)

and his stolen vehicle was misused by miscreants for

transporting illicit liquor which was seized by police on

04.10.2020 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

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 Patna High Court CWJC No.5539 of 2022 dt.10-05-2022

Amended Excise Rules, 2021.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

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Uploading Date          14.05.2022
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