Dharmendra Kumar vs The State Of Bihar
2025 Latest Caselaw 3146 Patna

Patna High Court

Dharmendra Kumar 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.1758 of 2025
     ======================================================
     Dharmendra Kumar Son of Jhabar Turha, Resident of Village- Giridhar
     Baraon, P.S. Sonbarsa, District- Buxar.


                                                                    ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Principal Secretary, Excise Department,
     Government of Bihar, Patna.
2.   The District Magistrate, Buxar.
3.   The Superintendent of Police, Buxar.
4.   The S.H.O., Nainijor Police Station, District- Buxar.


                                                                  ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Satyapal Singh, Advocate
     For the Respondent/s   :       Mr.Standing Counsel (12)
     ======================================================
     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


                On 19.03.2025, we have passed the following order:-

                                 "The Superintendent of Police, Buxar is
                        requested to file his personal affidavit whether the
                        subject matter of vehicle is involved for the offences
                        under the Excise Act on 17.08.2024. He is also
                        hereby directed to verify whether petitioner has
                        registered F.I.R. for the theft of the vehicle on
                        11.07.2024

. If the theft of the vehicle is involved for the offences under Excise Act by some miscreants, in that event, petitioner is entitled to have the benefit of Patna High Court CWJC No.1758 of 2025 dt.10-04-2025

release of the subject matter of vehicle. In this regard, necessary affidavit be filed before the next date of hearing.

2. Re-list this matter on 02.04.2025."

2. Today, learned counsel for the respondents has filed

hard copy of the counter affidavit on behalf of respondent no.

3 namely, Superintendent of Police, Buxar. The

Superintendent of Police, Buxar, has not disputed that the

subject matter vehicle was stolen by some miscreants and the

same has been misused by the miscreants insofar as

committing excise offence, in this backdrop the owner of the

vehicle shall not be penalized. Therefore, the concerned

authority is hereby directed to release the subject matter

vehicle which has been seized on 17.08.2024 within a period

of one week from today.

3. For having compelled the petitioner to invoke

remedy before this Court without his any role in the excise

offence on the other hand he has registered FIR for theft of

the vehicle. Therefore, the petitioner is entitled to litigation

cost and it is quantified at Rs. 10,000/-. Cost shall be paid by

the respondents to the petitioner within a period of four weeks

from today.

Patna High Court CWJC No.1758 of 2025 dt.10-04-2025

4. With the above observation, the writ petition stands

disposed of.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.04.2025
Transmission Date       NA