Baldev Yadav vs The State Of Bihar
2025 Latest Caselaw 1484 Patna

Patna High Court

Baldev Yadav vs The State Of Bihar on 7 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11336 of 2025
     ======================================================
     Baldev Yadav S/o Khushi Yadav, R/o Village Charka Pathar, Jaypur Tola, PS
     Fatehpur, District Gaya.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through The Principal Secretary, Bihar Prohibition and
     Excise Department, Bihar, Patna.
2.   The District Magistrate, Gaya
3.   The Superintendent of Excise, Gaya.
4.   The Superintendent of Police, Gaya.
5.   The Officer in Charge, Tankuppa Police Station, District Gaya.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :       Mr.Sudhir Kumar Sinha, Advocate
     For the Respondent/s      :       Mr.Standing Counsel (10)
     ======================================================
     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 : 07-08-2025 In the instant petition, petitioner has prayed for the

following relief(s):-

"(i) To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus to direct respondents to release the vehicle/Motorcycle bearing Registration NO. BR02AK-2909, Chassis No. MBLJAR027JGC02711 and Engine No. JA06ERJGC03657 in favour of the petitioner who is owner of the said vehicle seized in Tankuppa P.S. Case No. 58/2025 dated 28-03-2025 registered under section 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018 lying in the premises of Police station and subject to natural decay by furnishing suitable fine to the satisfaction of learned District Magistrate, Gaya.

(ii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case."

Patna High Court CWJC No.11336 of 2025 dt.07-08-2025

2. From perusal of the records, it is evident that not

even a drop of liquor has been recovered from the subject matter

vehicle which has been seized for the offences under the Excise

Act vide Tankuppa P.S. Case No. 58 of 2025 dated 28.03.2025.

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

concerned respondent has unnecessarily seized the motorcycle

only on the score that the subject matter vehicle was escorting

transportation of illegal liquor on that basis seizure of the

vehicle is not appropriate.

4. Accordingly, the concerned respondent is hereby

directed to release the subject matter vehicle within a period of

two weeks, failing which petitioner is entitled to litigation cost

and it is quantified at Rs. 10,000/-.

5. The writ petition stands disposed of.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.08.2025
Transmission Date       NA