Bom Shankar Singh vs The State Of Bihar
2022 Latest Caselaw 2795 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.533 of 2022

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Bom Shankar Singh, Son of Khaderan Singh, Resident of Village- Sara,

Police Station- Tarari, District- Ara (Bhojpur).

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and

Prohibition Department, Government of Bihar.

2. The Excise Commissioner, Bihar, Patna.

3. The Collector-cum-District Magistrate, Purniya.

4. The Excise Superintendent, Purniya.

5. The District Superintendent of Police, Purniya.

6. The District Arms Magistrate, Purniya.

7. The Officer-in-Charge, K.Haat (Sahayak), Police Station, District- Purniya.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Tej Narayan Singh, 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)

Date : 11-05-2022

Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s : Patna High Court CWJC No.533 of 2022 dt.11-05-2022

As recovered and seized licensee revolver and the

cartridges are not liable for confiscation under section 56 of the

Excise Act, as such, bar of jurisdiction in confiscation under

section 60 of the Excise is not applicable and the Special Court,

Excise has jurisdiction to pass order for release of licensee

revolver and the cartridges during pendency of trial.

Petitioner would be at liberty to file a petition before

the Special Court, Excise under section 451 of Cr.P.C. and if

any such petition is filed for release of licensee revolver loaded

with cartridges the special court excise shall dispose of such Patna High Court CWJC No.533 of 2022 dt.11-05-2022

petition within 30 days from the date of its filing.

Petition stands disposed of with the aforesaid

observations/directions.

(Sanjay Karol, CJ)

( S. Kumar, J)

Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date