Patna High Court
Ramdheer Yadav vs The State Of Bihar on 22 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.13040 of 2025
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Ramdheer Yadav, son of Late Kailash Yadav, resident of Village- Dundur,
Post- Latheya, P.S.-. Chhatarpur, District- Palamu, Jharkhand-822116
... ... Petitioner
Versus
1. The State of Bihar Through, Secretary Department of Excise, Bihar Nehru
Path, Patna Pin-800015.
2. The District Magistrate, Saran at Chapra, Pin-841301
3. The Superintendent of Police, Saran at Chapra, Pin-841301
4. The Excise Inspector Mashrakh, District Saran at Chapra, Pin-841417
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Dhiraj Kumar Singh, Advocate
Mr. Sudhanshu Kumar, Advocate
For the Respondent/s : Mr. Anant Pd. Singh, SC-15
Ms. Deepika Sharma, AC to SC-15
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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 : 22-08-2025
In the instant Writ petition, petitioner has prayed
for the following relief(s):-
i. For issuance of an order, direction
or a writ of certiorari for quashing and setting
aside the order contained in Confiscation case no.
674/2024 dated 10.02.2025 whereby and where
under the District Magistrate Saran has order to
initiate auction proceeding without following the
due process of law in respect of the vehicle namely
Ashoka Leyland Truck bearing Registration No.
CG13AK-2350, Engine No. LJPZ102973 and
Chassis No. MB1U1KHD7LPJL3652 of petitioner
which was seized in connection with Excise Case
Patna High Court CWJC No.13040 of 2025 dt.22-08-2025
No. 60/2024 registered on 01.10.2024 under
Section 30(a) and 32(3) of Bihar Prohibition and
Excise Amendment Act, 2018.
ii. For issuance of an order, direction
or a writ of mandamus for directing the respondent
authorities to accept and consider the application
under Rule 12A of the Bihar Prohibition and
Excise (Amendment and Enforcement) Rules, 2022.
iii. For issuance of an order, direction
or a writ of mandamus for directing the respondent
authorities to not to auction the vehicle.
iv. For directing and commanding the
respondent authorities to release the Vehicle
namely Ashoka Leyland Truck bearing Registration
No. CG13AK-2350, Engine No. LJPZ102973 and
Chassis No. MB1U1KHD7LPJL3652 in favour of
the petitioner after payment of penalty.
v. For issuance of any other relief or
relief(s) for which the petitioner entitled for."
2. One of the contention raised by the petitioner is
that the petitioner has not been heard in the Confiscation
proceedings case No. 674 of 2024 as and when it was decided
on 10.02.2025. In this regard, he has pointed out that he was
under judicial custody, to that effect he has furnished copy of
the bail order dated 17.02.2025 passed in Criminal
Miscellaneous No. 89000 of 2024. It is crystal clear that it was
beyond the control of the petitioner insofar as attending
confiscation proceedings. Therefore, ex parte confiscation
proceedings dated 10.02.2025 is liable to be set aside.
3. Accordingly, it is set aside. Matter is remanded
Patna High Court CWJC No.13040 of 2025 dt.22-08-2025
to the confiscation authority to decide afresh after due process
of law, including personal hearing to the petitioner. The above
exercise shall be completed within a period of 03 months from
the receipt of this order. In the meanwhile, Respondents are
hereby directed to not to proceed with auction of the subject
matter of vehicle bearing Registration No. CG13AK - 2350 till
confiscation proceedings is decided.
4. With the above observation, Writ petition stands
allowed.
(P. B. Bajanthri, J)
( Shailendra Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.08.2025
Transmission Date N.A
