Arvind Kumar vs The State Of Bihar And Ors
2025 Latest Caselaw 1617 Patna

Patna High Court

Arvind Kumar vs The State Of Bihar And Ors on 5 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.8562 of 2017
     ======================================================
     Arvind Kumar S/o Late Anand Mistri, R/o Mohalla- Sagar Sasaram, P.S.
     Sasaram, District- Rohtas.
                                                                  ... ... Petitioner/s
                                        Versus
1.   The State Of Bihar and Ors
2.   The Collector, Bhojpur, Ara.
3.   The Superintendent of Police, District Bhojpur, Ara.
4.   The Senior Deputy Collector, Bhojpur, Ara.
5.   Assistant Excise Commissioner, Bhojpur, Ara.
6.   Excise Superintendent, Bhojpur.
7.   S.H.O., Ara Town Police Station, District- Bhojpur.
                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Harsh Singh, Advocate
     For the Respondent/s   :       Mr. Ajit Kumar, G.A.-9
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                 and
                 HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 05-02-2025

We have heard Mr. Harsh Singh, the

learned Advocate for the petitioner and Mr. Ajit

Kumar, the learned Advocate for the State.

2. Mr. Harsh Singh, the learned Advocate Patna High Court CWJC No.8562 of 2017 dt.05-02-2025

submits that the issue with respect to the right of the

Collector to pass an order of confiscation has already

been decided in a number of appeals, one being

L.P.A. No. 1647 of 2015, dated 06.02.2019. He,

therefore, does not question the validity of the

provision in the Excise Law.

3. However, as an interim measure the

vehicle of the writ petitioner was released, but the

confiscation proceedings are still in existence.

4. It would be open for the petitioner to

approach the Confiscating Authority for the needful or

before the Appellate Authority, if confiscation order

has been passed, within a period of eight weeks, in

which case, the authority concerned shall consider

that the delay in approaching the said authority was

because of the pendency of this writ petition.

5. The writ petition stands disposed of

with the liberty aforesaid.

Patna High Court CWJC No.8562 of 2017 dt.05-02-2025

6. Interlocutory application/s, if any, also

stands disposed of accordingly.

                                              (Ashutosh Kumar, ACJ)


                                                   (Partha Sarthy, J)
Manoj/Praveen-II

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.02.2025
Transmission Date       NA