Azad Kumar vs The State Of Bihar
2024 Latest Caselaw 154 Patna

Patna High Court

Azad Kumar vs The State Of Bihar on 8 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17929 of 2023
     ======================================================
     Azad Kumar, S/o Lalo Prasad Yadav, Resident of ward no. - 9, Chamgardh,
     P.S. - Murliganj, District - Madhepura, State - Bihar.

                                                                ... ... Petitioner.
                                      Versus
1.   The State of Bihar through the Principal Secretary, Excise and Prohibition
     Department, Bihar, Patna.
2.   The Additional Chief Secretary, Excise Department, Govt. of Bihar, Patna.
3.   The Excise Commissioner, Head Quarter Bihar, Patna.
4.   District Magistrate, Madhepura.
5.   The Superintendent of Police, Madhepura.
6.   The Superintendent of Police Excise, Madhepura.

                                               ... ... Respondents.
     ======================================================
     Appearance :
     For the Petitioner    :       Mr. Adarsh Ranjan, Advocate.
     For the State         :       Mr. Dhurjati K. Prasad, Government Pleader-14.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE RAMESH CHAND
     MALVIYA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 08-01-2024

In the instant writ petition, the petitioner Azad

Kumar has prayed for the following relief(s).

A. For issuance of an appropriate writ/writs, order/orders in the nature of Mandamus directing the respondents to release and discharge the property from any charges levelled on the Car Registration No.BR- 43-Q-6006 which has been wrongly seized by Police in connection with Madhepura Excise P.S. Case Patna High Court CWJC No.17929 of 2023 dt.08-01-2024

No.405/2023 on dated 17.05.2023 registered for the offence under section 30(a) of Bihar Prohibition and Excise Act, 2018.

B. For issuance of any other relief/reliefs to which the petitioner is found entitled under the facts and circumstances of the present case.

2. The registered owner of the subject matter of

motor vehicle bearing Registration No.BR-43-Q-6006 (Car)

was one Vivek Kumar as is evident from Annexure-2. The

petitioner Azad Kumar is stated to have purchased the

aforementioned vehicle. However, as on the date of the alleged

offence, documents of the subject matter of motor vehicle which

stands in the name of Vivek Kumar has not been transferred in

the name of the petitioner Azad Kumar. In such event,

grievance of the petitioner Azad Kumar is required to be

redressed through Vivek Kumar. In the event of filing of

application under Rule 12A of the Bihar Prohibition and Excise

Rules, 2021 read with amended Rules 2022 and 2023, the

concerned authority is hereby directed to entertain the

application to be filed by Vivek Kumar, if any. In other words,

the present writ petition is not maintainable.

3. Accordingly, the present writ petition stands Patna High Court CWJC No.17929 of 2023 dt.08-01-2024

disposed of reserving liberty to the petitioner Azad Kumar to

invoke remedy through Vivek Kumar, the registered owner of

the subject matter of the motor vehicle.

(P. B. Bajanthri, J)

( Ramesh Chand Malviya, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.01.2024.
Transmission Date       NA