Patna High Court
Manish Kumar vs The State Of Bihar on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6004 of 2022
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Manish Kumar, Son of Ashok Kumar, residence of Village- Hattha, Ward no.
7, P.O.- Hattha, P.S.- Pear, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, The Bihar Prohibition
of Excise Department, Bihar, Patna.
2. The Commissioner, Bihar Prohibition of Excise Department, Bihar, Patna.
3. The Distt. Magistrate, Muzaffarpur.
4. The Superintendent of Police, Muzaffarpur.
5. The Excise Superintendent, Excise Department, Muzaffarpur.
6. The Sub- Inspector, O.P., Sikandarpur, Muzaffarpur.
7. The Officer-in Charge Town P.S., Muzaffarpur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar, Advocate
For the Respondent/s : Mr.Vivek Prasad ( GP 7 )
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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:-
" i. For issuance of appropriate writ/writs for
directing and commanding the respondent-authorities
for releasing the motorcycle bearing registration
No.BR-06 CT3338 in connection with Muzaffarpur
(Town) P. S. Case No. 933/2021 (O.P. Sikindarpur)
Patna High Court CWJC No.6004 of 2022 dt.11-05-2022
whereby and whereunder the respondents have illegally
confiscated the Motorcycle of the owner. The petitioner
has no concern with the Foreign Wine/Deshi wine and
Foreign Wine/Deshi wine and authorities has alleged
that accused has to drink the alcoholic wine except it
nothing incriminating articles recovered.
ii. For further direction to the respondent
authorities to quash the FIR and direction to dispose of
representation with reason and speaking order within
time framed.
iii. And any other relief/reliefs as your
Lordships may deem fit and proper."
Allegation against the rider of the aforesaid motorcycle
is of riding the vehicle in drunken condition and dashed against
one person. There is no allegation of recovery of any illicit
liquor from the seized vehicle.
As there is no allegation of recovery of any illicit liquor
from the seized vehicle, same is not liable for confiscation under
section 56 of the Bihar Prohibition & Excise Act, 2016 as such,
bar of jurisdiction in confiscation under section 60 of the Excise
Act is not applicable and the concerned Special Court (Excise)
where the criminal case is pending has jurisdiction to pass order
for release of seized motorcycle.
Writ petition is disposed of with liberty to the petitioner,
who claims to be owner of the seized vehicle, to file an
Patna High Court CWJC No.6004 of 2022 dt.11-05-2022
application under Section 451 of Cr.P.C for release of his seized
vehicle in the concerned Special Court (Excise) who shall
dispose of such petition within 30 days from the date of its
filing.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 18.05.2022
Transmission Date
