Patna High Court
Sunil Kumar Sharma vs The State Of Bihar on 10 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1465 of 2025
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Sunil Kumar Sharma Son of Ramesh Chand, Resident of H. No. 103, D
Block, Street No. 2, West Kamla Vihar, P.S.- Karawal Nagar, North East
Delhi, Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Kaimur at Bhabhua.
3. The Sub Divisional Magistrate, Mohania, Kaimur.
4. The Assistant Excise Commissioner, Kaimur at Bhabhua.
5. The Superintendent of Excise, Kaimur at Bhabhua.
6. The Vehicle Inspector, Kaimur at Bhabhua.
7. The Superintendent of Police, Kaimur at Bhabhua.
8. The Assistant Sub Inspector of Police, Mohania Police Station, Kaimur at
Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar Singh, Advocate
For the Respondent/s : Mr.Sudhir Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 10-04-2025
In the instant petition, petitioner has prayed for the
following relief:-
"(i) For quashing of the order dated 02.12.2024
passed in Exice Case No. 44 of 2024 passed by
Sub-Divisional Magistrate, Mohania, Kaimur as
contained in Memo No. Exice Case No.-44/2024
1385/Law dated 02.12.2024 whereby and where
under petitioner's Tata LPT Truck vehicle, bearing
its Registration Number as UP-17BT-3040, Chassis
No. MAT785005N7N26979 and Engine No.
Patna High Court CWJC No.1465 of 2025 dt.10-04-2025
3.3LNGD06NXX533978 which has been got seized
in connection with Mohania P.S Case No. 718 of
2023 registered for the offences punishable under
sections 30(a), and 47 of the Bihar Prohibition and
Excise Act, 2016 on 11.10.2023, seized for the
alleged violation of Excise Laws without having
recovered any illicit liquor from petitioner's vehicle,
has been directed to be confiscated and auction sale
of the vehicle has been directed to be conducted
within a period of 2 months.
Also
(ii) For release of petitioner's Tata LPT
Truck vehicle, bearing its Registration Number as
UP-17BT-3040, Chassis No.
MAT785005N7N26979 and Engine No.
3.3LNGD06NXX533978 which has been got seized
in connection with Mohania P.S Case No. 718 of
2023 registered for the offences punishable under
sections 30(a), and 47 of the Bihar Prohibition and
Excise Act, 2016 on 11.10.2023, seized for the
alleged violation of Excise Laws without having
recovered any illicit liquor from petitioner's vehicle.
And
(iii) Also for restraining the respondent
authorities from initiating auction sale of petitioner's
Tata LPT Truck vehicle, bearing its Registration
Number as UP-17BT-3040, Chassis No.
MAT785005N7N26979 and Engine No.
3.3LNGD06NXX533978 which has been got seized
in connection with Mohania P.S Case No. 718 of
2023.
And
(iv) Also for any other relief/reliefs for
which the petitioner is found entitled in the eye of
law."
2. Learned counsel for the petitioner, on instruction,
submitted that petitioner has to invoke the remedy of appeal
before the appellate authority. Therefore, the present writ
petition is not pressed.
Patna High Court CWJC No.1465 of 2025 dt.10-04-2025
2. Accordingly, the present petition is dismissed as not
pressed.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.04.2025
Transmission Date NA
