Niranjan Yadav vs The State Of Bihar
2023 Latest Caselaw 322 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.16036 of 2022

     ======================================================

Niranjan Yadav, S/o Lal Vachan Yadav, Resident of Village- Panditpur, P.S.- Buxar (M), District- Buxar.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Bihar Excise Department at Patna.

2. The Divisional Commissioner, Bihar Excise Department at Patna.

3. The Collector, District of Buxar at Buxar.

4. The Superintendent of Police, District- Buxar at Buxar.

... ... Respondent/s

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

For the Petitioner/s : Mr.Arun Kumar Gupta, Advocate

For the Respondent/s : Mr.Vikash Kumar (SC11)

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-01-2023

The petitioner has prayed for the following relief/s :-

"(i) For setting aside order dated 27.09.2022 passed in Case No. 14/2018 by the learned Collector, Buxar whereby and whereunder petitioner was directed to pay half of valuation of vehicle which was fixed by District Transport Officer, Buxar.

(ii) For giving direction to respondent to Patna High Court CWJC No.16036 of 2022 dt.23-01-2023

accept the half of insured amount of vehicle."

Having given thoughtful consideration to the

submissions made across the bar as also perused the material on

record, we are of the considered view that the Collector-cum-

District Magistrate, Buxar seriously erred in recording his

finding that as on date of the occurrence of the crime, the

insurance policy was not valid. As per the policy, the insured

value in terms of the policy is Rs.1,00,500/- whereas in terms of

the exercise undertaken by the authorities by virtue of Section

12 A (2) of the Bihar Prohibition and Excise (Amendment)

Rules 2022, the determined value is Rs.1,65,000/-.

The vehicle in terms of order dated 27.09.2022

(Annexure-1) stands directed to be released on payment of 50%

of the value of Rs.1,65,000//- which direction in our considered

view needs to be rectified for as on the date of the occurrence of

the crime, the vehicle was insured with a value of

Rs.1,00,500 /-.

As such, the impugned order dated 27.09.2022,

passed in Case No.14/2018 is modified. The vehicle shall be

released in the event of furnishing security of 50% of

Rs.1,00,500 /- in stead of Rs.1,65,000/-.

The present petition stands disposed of in the Patna High Court CWJC No.16036 of 2022 dt.23-01-2023

aforesaid terms.

Interlocutory application, if any, stands disposed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 25.01.2023 Transmission Date