Nitesh Kumar vs The State Of Bihar
2023 Latest Caselaw 2195 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.6867 of 2023
     ======================================================

Nitesh Kumar S/o Late Vikram Singh @ Vikrama Singh, C/o Deepandera Kumar, H/O Nawal Kishoe Sharma Lane No. 8 Vidya Nagar, Rukanpura, Patna-4, permanent Address- Village- Bahadurpur, P.S. Prashi, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar Through Principal Secretary Registration and Excise Department, Govt. of Bihar.

2. The District Magistrate cum Collector, Aurangabad.

3. The Superintendent of Police, Aurangabad, District- Aurangabad.

4. The Incharge of P.S. Aurangabad Town.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Kameshwar Singh, Advocate For the Respondent/s : Mr.Kumar Manish (SC-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 08-05-2023

The petitioner is concerned with the vehicle (TATA

Indogo Car) bearing Registration No. BR01 BV 9375, Chassis

No. MAT607341DPG22865, Engine No.

475IDT14GWYP37659, seized in connection with Aurangabad Patna High Court CWJC No.6867 of 2023 dt.08-05-2023

Town P.S. Case No. 733/2022 dated 13.11.2022.

Learned counsel for the petitioner submits that the

vehicle was not at all involved in an excise offence and the

seizure was made from yet another vehicle.

Learned Government Advocate on instructions

submits that the vehicle was seized with respect to an offence

wherein 163 litres of IMFL was seized from another vehicle.

Initially, the police had registered a case and seized the vehicle

alleging conspiracy. However, on investigation it has been

revealed that there is no conspiracy involved and the report

dated 02.02.2023 has been filed before the Special Court,

Aurangabad which report is produced by the petitioner himself

as part of Annexure -2 at Page 24 of the writ petition.

In the above circumstances, the police having

categorically submitted that there is no conspiracy involved and

they do not have any objection to release the vehicle, as is

revealed from the report itself, we are of the opinion that the

vehicle can be released to the petitioner. The petitioner shall

approach the police immediately who shall release the vehicle to

the petitioner, or if produced before the Court, then the

petitioner would be entitled to file an application before the

Special Court for release of the vehicle, which shall be done Patna High Court CWJC No.6867 of 2023 dt.08-05-2023

based on the report of the police.

The writ petition is disposed of.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 09.05.2023 Transmission Date