Sanjeev Kumar Ray vs The State Of Bihar
2025 Latest Caselaw 3151 Patna

Patna High Court

Sanjeev Kumar Ray 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.2080 of 2025
     ======================================================
     Sanjeev Kumar Ray, S/o Rajeshwar Ray, R/o Village-Raghopur, P.S.-Bib-
     hutipur, District-Samastipur.

                                                                      ... ... Petitioner
                                         Versus

1.   The State of Bihar through the Principal Secretary Department of Excise,
     Government of Bihar, Patna.
2.   The District Magistrate cum Collector, Samastipur.
3.   The Superintendent of Police, Samastipur.
4.   The SHO, Bibhutipur, Samastipur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Mirityunjay Kumar, Advocate
     For the Respondent/s   :       Mr. Kunal Tiwary, AC to GA-2
     ======================================================
     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 Writ petition, petitioner has prayed

for the following reliefs:-

"(i) For issuance of appropriate Writ

in the nature of "MANDAMUS" commanding upon

the respondent authorities to release the vehicle of

the petitioner of Mahindra Scorpio SS model

bearing registration no. BR-09-PA-5905, Engine

No. - XML4L10855, and Chassis No.

MA1TA2XM2L2L47670, which has been seized in Patna High Court CWJC No.2080 of 2025 dt.10-04-2025

connection with Bibhutipur P.S. Case No.

411/2024.

(ii) For grant of any other relief or

reliefs for which the petitioner found to be entitle."

2. On 19.03.2025, we have passed the following

order:

"The Superintendent of Police,

Samastipur is hereby directed to file an affidavit as

to why the petitioner's vehicle has been seized for

the offences under Excise Act in view of the seizure

memo in which the vehicle number is different. In

this regard, necessary affidavit be filed on the next

date of hearing.

2. Re-list this matter on 02.04.2025"

3. To that effect counter affidavit has been filed on

behalf of Respondent No.3. Perusal of the counter affidavit read

with the material information, it is evident that petitioner's

vehicle is not involved for the offences under the Bihar

Prohibition and Excise Act, 2016. In fact, the petitioner's

vehicle was stationed in a car service centre and it has been

seized in absence of any seizure of liquor from the subject

matter of vehicle. Therefore, seizure of the petitioner's vehicle Patna High Court CWJC No.2080 of 2025 dt.10-04-2025

is highly arbitrary and illegal. In the result petitioner is entitled

to release of the seized vehicle on 03.12.2024 within a period of

one week from today. For having compelled petitioner to invoke

remedy before this Court for the purpose of release of the

subject matter of vehicle in the absence of any role played by

the petitioner or his vehicle is involved for the offences under

Excise Act, he is entitled to litigation cost and it is quantified at

Rs. 10,000/- (Rs. Ten Thousand). Cost shall be paid within a

period of four weeks by the Respondents to the petitioner.

4. With the above observation, Writ petition stands

disposed of.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J) manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.04.2025
Transmission Date       NA