Patna High Court
Sanjish Kumar vs The State Of Bihar on 2 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18260 of 2022
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Sanjish Kumar S/o raj Kumar Singh R/o Sardar patel Colony, Patliputra
Telephone Exchange, P.S.-Digha, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Bihar Prohibition and
Excise Department, Bihar, Patna.
2. The District Magistrate, Gaya.
3. The Superintendent of Excise, Gaya.
4. The Superintendent of Police, District of Gaya, Bihar.
5. The Officer in Charge, Fatehpur P.S. District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the Respondent/s : Mr.Kumar Manish, SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-02-2023
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
" (I) To issue an appropriate order/s, direction/s
including a writ preferably in nature of Mandamus
commanding the respondents to release the
vehicle/SP 125 DLX Honda Motorcycle bearing
Reg. No. BR 01FK-1370, Chasis No.
ME4JC835KMD017763, Engine No.
JC83ED2037658 in favour of the petitioner who is
owner of the said motorcycle seized in Fatehpur
P.S. Case No. 263/2022 registered u/s. 30(a) of
Bihar Prohibition and Excise Amendment Act,
2018 lying in the premises of Police station and
Patna High Court CWJC No.18260 of 2022 dt.02-02-2023
subject to natural decay by furnishing sufficient
security to the satisfaction of learned District
Magistrate, Gaya.
(II) For issuance of appropriate writ, order/direction
commanding the respondents to release the vehicle
of the petitioner during the pendency of the
confiscation proceeding a reasonable surety till the
disposal of the said confiscation proceeding.
(III) Any other relief/s to which the petitioner is
entitled in the facts and circumstances of the case."
It is submitted that 100 litres of illicit liquor was
recovered from the motorcycle of petitioner which was stolen
for which he had instituted an FIR giving rise to Digha P.S.
Case No. 121 of 2022 dated 19.02.2022 registered u/s. 379 of
the I.P.C. and his stolen vehicle was misused by miscreants for
transporting illicit liquor which was seized by police on
11.05.2022 giving rise to Fatehpur P.S. Case No. 263 of 2022
registered u/s. 30(a) of the Bihar Prohibition and Excise
Amendment Act, 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
Patna High Court CWJC No.18260 of 2022 dt.02-02-2023
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 Amended Excise
Rules, 2021.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Rajiv/-Sujit
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
