Sanskriti vs The State Of Bihar
2025 Latest Caselaw 3276 Patna

Patna High Court

Sanskriti vs The State Of Bihar on 17 April, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4912 of 2025
     ======================================================
     Sanskriti Daughter of Ladddoo Narayan Singh, Resident of Naya Tola,

     Lohiyapur, Ward No.-07/16 near R.M.K School, Thana- Banka, District-

     Banka.



                                                                    ... ... Petitioner/s

                                           Versus



1.   The State of Bihar
2.   The District Magistrate, Vaishali.
3.   The Supertendent of Police, Vaishali at Hajipur.
4.   The Station House Officer, Hajipur Town Thana, Vaishali at Hajipur.


                                                                  ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Kaushal Kishor, Advocate
                                      Ms. Jyoti Kumari, Advocate
     For the Respondent/s   :         Mr.Additional Advocate General (4)
     ======================================================
     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 : 17-04-2025

In the instant writ petition, the petitioner has prayed for

the following relief(s):-

"I. For direction to respondent to release of white colour I-20 vehicle bearing Registration No. BR01HE/5149, Chasis No. MALBH512LPM231263 seized in connection with Town P.S. Case No. Patna High Court CWJC No.4912 of 2025 dt.17-04-2025

76/2025 registered for the offence 281, 324(4) of BNS and 37 of Bihar Prohibition and Excise Act.

II. For any other relief/'s for which the petitioner is found entitle in the fact and circumstances of the case and/or the sake of justice."

2. From perusal of the seizure memo, it is evident that

the petitioner's husband who was driving the subject matter

vehicle was alleged to be under intoxication, in such

circumstance, it is not warranted for seizure of the vehicle. No

doubt, seizure of the vehicle would be available under the Motor

Vehicle Act. In this regard, he should have been penalized for

the offences under Motor Vehicle Act.

3. In the light of these facts and circumstances, the

respondents are hereby directed to release the subject matter

vehicle in favour of the petitioner. Instead of taking action under

Motor Vehicle Act against the husband of the petitioner and the

fact that the petitioner is the owner of the vehicle and in order to

give quietus to the litigation husband of the petitioner-Uday

Kumar was penalized by imposing penalty of Rs. 12,000/-. The

concerned authority is hereby directed to release the subject

matter vehicle in favour of petitioner within a period of three

days from the date of receipt/production of a copy of this order.

4. Subject to the aforesaid observation and direction, the Patna High Court CWJC No.4912 of 2025 dt.17-04-2025

writ petition stands disposed of.

(P. B. Bajanthri, J)

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

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.04.2025
Transmission Date       NA