Patna High Court
Bhupendra Prasad Singh vs The State Of Bihar on 17 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14149 of 2023
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Bhupendra Prasad Singh Son of Late Shivshankar Singh @ Shivshankar
Prasad Singh Resident of Village and P.S.-Panjwara, District-Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Prohibition Excise and Registrteion, Government of Bihar, Patna.
2. The Excise Commissioner, Department of Prohibition Excise and Reg-
istrteion, Government of Bihar, Patna.
3. The District Magistrate, Banka.
4. Senior Deputy Collector Cum Prohibition and Excise Magistrate, Banka.
5. The Superintendent of Police, Banka.
6. The S.H.O., Panjwara Police Station, District-Banka.
7. Manoj Kumar, Assistant Sub Inspector, Panjwara Police Station, District-
Banka.
8. Manoj Kumar Singh, A.S.I. Cum Investigating Officer of Panjwara P.S. Case
No 73/2021, Police Station-Panjwara, District-Banka.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC 11
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-10-2023
Heard learned counsels for the respective parties.
2. In the instant writ petition, petitioner has prayed for
the following relief/reliefs:
"(i) For issuance of an appropriate
writ, rule or direction in the nature of writ of
mandamus commanding and directing the re-
spondents particularly the Respondent no. 3 to
Patna High Court CWJC No.14149 of 2023 dt.17-10-2023
6 to immediately release the vehicle (Auto
Rickshaw Mandindra Alfa) bearing Registra-
tion No. JH-17V-7337 of this petitioner which
has been illegally seized by the Respondent No.
7 in connection with Panjwara P.S. Case No.
73/2021 dated 13.08.2021 registered under
Section 30 (a) and 32 (2) of Bihar Excise Act
since he has been acquitted in criminal trial
i.e. Special Excise Case No. 604/2021/Tr. No.
31/2022 arising out of Panjwara P.S. Case No.
73/2021 dated 13.08.2021 held by the Court of
learned Additional District and Sessions
Judge, Vth Banka.
(ii) To initiate an appropriate pro-
ceeding against Respondent No. 7, the A.S.I. of
Panjwara Police Station who brought the
aforesaid vehicle at Police Station on
13.08.2021 from the house of this petitioner
and seized the same and also arrested the peti-
tioner and sent him to jail just because he
could not able to fulfilled the illegal demand in
false, fabricated and concocted case when at
the time of checking the vehicle, the passengers
who possessed a black colour bag left the same
on the seat of auto and fled away from the auto
after seeing the police and the police at check-
ing point, allowed the petitioner to go with his
auto, but after some hours, due to demand of
heavy money from the petitioner for not impli-
cating him in the case and not seized the auto
and when the petitioner refused to fulfill the il-
legal demand, arrested him and seized his vehi-
cle, result of which, the petitioner's life com-
pletely ruined, disturbed and becomes beggar
Patna High Court CWJC No.14149 of 2023 dt.17-10-2023
since the aforesaid auto was/is financed vehicle
and only the source of livelihood of his family.
(iii) To direct the Respondent no. 7
to pay compensation to the petitioner to the
tune of Rs. 10 Lakhs because of his atrocities,
his business and family completely disturbed
and he becomes a beggar to maintain his fam-
ily after begging.
(iv) And/or pass such other order
or orders as deem fit and proper in the interest
of justice."
3. The aforementioned relief/reliefs is not supported by
demand like representation or application in the prescribed form
under Rule 12 - A of the Bihar Prohibition and Excise Rules, 2023
(hereinafter referred to as 'Rules, 2023'). In the absence of such
demand or application before the competent authority, the present
writ petition is not maintainable.
4. Accordingly, the present writ petition stands disposed
of as not maintainable.
5. Disposal of the present writ petition would not be a
hurdle for the petitioner to file an application under Rule 12 - A of
the Rules, 2023 within a period of four weeks from today. If such
an application is filed, the concerned authority is hereby directed
to examine the same and decide within a reasonable period of
time.
Patna High Court CWJC No.14149 of 2023 dt.17-10-2023
6. The concerned authority is also hereby directed to
take note of pendency of the confiscation proceedings and if the
confiscation proceedings has not been concluded as on today, the
grievance of the petitioner shall be considered insofar as releasing
of the vehicle under Rule 12 - A of the Rules, 2023.
7. It is reliably learnt that petitioner has been acquitted
in the criminal case in the case of Special Excise Case No.
604/2021, Tr. No. 31/2022 (Arising out of Panjwara P.S. Case No.
73/2021). The same shall be taken note of by the concerned
authority while dealing with petitioner's grievance in releasing of
the vehicle.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.10.2023
Transmission Date NA
