Patna High Court
Sunil Tiwari vs The State Of Bihar on 2 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17541 of 2022
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Sunil Tiwari Son of Late Kashinath Tiwari, Resident of Village Darwan,
Police Station Isuapur, District Saran at Chapra, At present residing at Village
- Pahadpur, Police Station Baikunthpur, District - Gopalganj.
. ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Excise, Government of
Bihar, Patna.
2. The Principal Secretary Excise, Government of Bihar, Patna.
3. The District Magistrate, Siwan.
4. The Superintendent of Police, Siwan.
5. The Excise Superintendent, District Siwan.
6. The Sub Divisional Officer, Maharajganj, District - Siwan.
7. The Officer In charge, Police Station Goriya Kothi, District - Siwan.
8. The Investigating Officer, Police Station Goriya Kothi, District - Siwan.
9. The Superintendent of Police, Gopalganj.
10. The Officer In charge, Police Station Baikunthpur, District - Gopalganj.
11. The Investigating Officer, Police Station Baikunthpur, District - Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav, Advocate
For the Respondent/s : Mr.Vivek Prasad GP- 7
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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):-
Patna High Court CWJC No.17541 of 2022 dt.02-02-2023
It is submitted that 100 ml of illicit liquor was
recovered from the motorcycle of petitioner which was stolen
for which he had instituted an FIR giving rise to Baikunthpur
Patna High Court CWJC No.17541 of 2022 dt.02-02-2023
P.S Case No. 146 of 2021 dated 17.05.2021 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
13.11.2021 giving rise to Goriya Kothi P.S. Case No. 205/2021
registered u/s. 30(a) of Bihar Prohibition and Excise
Amendment Act, 2018, 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 Amended Excise
Patna High Court CWJC No.17541 of 2022 dt.02-02-2023
Rules, 2021.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Rajiv/-Sujit
AFR/NAFR
CAV DATE
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