Patna High Court
Kush Kumar Mishra vs The State Of Bihar on 21 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10446 of 2025
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Kush Kumar Mishra, Son of Shri Bhagwan Mishra, Resident of Plot no.- 135,
Ashiyana Nagar, Phase-1, P.S.- Rajiv Nagar, Distt.- Patna- 800025.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Commissioner, Excise, Patna.
3. The Collector- Cum- District Magistrate, Munger.
4. The S.H.O., Dharhara Police Station, District- Munger.
5. The S.H.O., Budha Colony Police Station, Patna.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Krishna Kant Singh, Advocate.
For the State : Mr. Government Advocate (09).
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-08-2025
In the instant writ petition, petitioner has prayed for
the following relief(s):
"i. For issuance of a writ in the
nature of 'Certiorari' for quashing the
confiscation order dated 09.02.2024 passed
by the District Magistrate, Munger, in
Confiscation Case No.17/2023-24, and the
appellate order dated 14-1-2025 passed by
the Commissioner, Excise, Patna, in Excise
Appeal Case No.83/2024 to the extent
whereby he has ordered to impose penalty of
10 percent.
ii. For issuance of a writ
directing the respondents to release the
petitioner's motorcycle bearing registration
number BR-01EA-6070, chassis number
MBLJAR011J9F04751, and engine number
JA06EHJ9F37606.
Patna High Court CWJC No.10446 of 2025 dt.21-08-2025
2/4
iii. For directing the State of
Bihar to compensate the petitioner for the
harassment, mental agony, financial loss, and
decree of the motorcycle caused due to the
illegal confiscation and failure of the
authorities to recover and return the stolen
Motorcycle and keeping the said motorcycle
in open.
iv. For issuance of an appropriate
writ restraining the concerned respondents
not to proceed further to auction the
petitioner's motorcycle in question
v. For other necessary relief/
reliefs for which the petitioner may be found
entitled to in the facts and circumstances of
the case."
2. Petitioner's vehicle bearing Registration No.BR-
01EA-6070, Chassis No.MBLJAR011J9F04751 and Engine
No.JA06EHJ9F37606, was subjected for the offence under
Section 379 of the Indian Penal Code (theft of the vehicle). On
07.02.2023
, petitioner had registered F.I.R.. Thereafter, the
stolen vehicle was involved for the offences under the Excise
Act on 06.08.2023. In this backdrop, it is crystal clear that the
petitioner-the owner of the motorcycle is not involved for the
offences under the Excise Act.
3. Taking note of these material information and in
all fairness, the concerned authority should have released the
vehicle in favour of the petitioner to the extent that his
involvement for the offences under the Excise Act is not
forthcoming. On the other hand, they have proceeded to
Patna High Court CWJC No.10446 of 2025 dt.21-08-2025
complete the confiscation proceedings on 09.02.2024.
Thereafter, the petitioner preferred appeal before the Appellate
Authority and the Appellate Authority modified the confiscation
order to the extent that the petitioner is liable to pay 10% of the
insured value of the vehicle. None of the authorities have
apprised that the petitioner's involvement for the offences under
the Excise Act is not forthcoming. Therefore, question of
confiscation of the petitioner's vehicle or asking the petitioner to
pay penalty is arbitrary and illegal. Therefore, the impugned
action of the respondents insofar as confiscation order and the
order of the Appellate Authority dated 14.01.2025 stands set
aside. The concerned authority is hereby directed to release the
petitioner's vehicle bearing Registration No.BR-01EA-6070,
Chassis No. MBLJAR011J9F04751 and Engine No.
JA06EHJ9F37606, after due verification of the ownership of the
motorcycle within a period of one week from the date of receipt
of this order.
4. Petitioner has been unnecessarily harassed insofar
as subjecting him to confiscation proceedings, appeal
proceedings and before this Court, for the reasons that on the
face of the record, his involvement for the offences under the
Excise Act is not forthcoming. Therefore, instant writ petition is
Patna High Court CWJC No.10446 of 2025 dt.21-08-2025
to be allowed with a cost, which is quantified at Rs.10,000/-
(Rupees Ten Thousand). Cost shall be paid to the petitioner by
the concerned official respondent within a period of two weeks
from the date of receipt of this order.
5. Accordingly, instant writ petition stands allowed.
(P. B. Bajanthri, J)
( Shailendra Singh, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.08.2025.
Transmission Date NA
