Patna High Court
Sanjeev Kumar vs The State Of Bihar on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6135 of 2022
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Sanjeev Kumar, son of Rajeshwar Bhagat, resident of Village-Hussaini, P.S.-
Dumariyaghat, 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
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Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 11-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"(a) to issue an appropriate writ/order/direction,
in the nature of writ of Mandamus directing the
Patna High Court CWJC No.6135 of 2022 dt.11-05-2022
respondent Collector to release TVS Apache motorcycle
bearing registration no. BR05AR6681 , which has been
illegally seized by the S.I. in Kalyanpur P.S. Case No. 70
of 2022 dated 22.02.2022 instituted for the offences under
section 30(a) of the Bihar Prohibition and Excise Act,
(b) to grant any other relief or reliefs for which
the petitioner is found to be entitled in the facts and
circumstances of the case"
It is alleged that on the basis of confidential
information to the effect that illicit liquor is being stored in a hut
at a particular place, the police reached at the spot. On seeing
the police party, three accused persons started to flee away from
the spot, but after being chased by the police, one of them was
apprehended, who disclosed his name as Sanjeev Kumar. On
search being made, total 49.800 litres of illicit liquor has been
recovered from the hut. Apart from the aforesaid liquor, two
motorcycles bearing registration no. BR05AR6681 and
BR06CK7909, which were found parked in front of the hut,
were also seized.
Petitioner claims to be the owner of seized vehicle
bearing Registration No. BR05AR6681 which was seized only
on the basis of suspicion. Moreover, no recovery has been made
from the said vehicle.
Patna High Court CWJC No.6135 of 2022 dt.11-05-2022
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 seized by the police in
excise case on production of ownership and registration papers
with respect to vehicle in question in his name with two sureties
(one local) to the extent of the value of the vehicle as indicated
in the insurance document.
The petitioner while submitting the sureties shall also
furnish the following affidavits/undertakings:
(i) That the petitioner shall not indulge in
creating any third party right or interest in respect of the
vehicle during the pendency of the confiscation proceeding
and shall not alienate the vehicle during this period.
(ii) The petitioner shall furnish an undertaking to
produce the vehicle before the confiscating authority as
and when required.
(iii)Prior to release of the vehicle, a Panchanama
would be prepared wherein the photograph of the vehicle
shall be taken and will be certified by the petitioner and
same shall be kept on record so that in future if so required,
it may be used as a secondary evidence. The petitioner
shall furnish an undertaking not to challenge the said
Panchanama.
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
Patna High Court CWJC No.6135 of 2022 dt.11-05-2022
of the confiscation proceeding.
With aforesaid observation and direction, this writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 18.05.2022
Transmission Date
