Patna High Court
Ajay Kumar Singh vs The State Of Bihar on 7 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19267 of 2024
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Ajay Kumar Singh, Son of Rikeshwar Singh @ Rishikeshwar Singh, R/o
Village Ramgarh, P.S. Chatarpur Kaubal, District-Palamu (Jharkhand)
... ... Petitioner
Versus
1. The State of Bihar through the Commissioner Excise Department, State of
Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Collector Cum District Magistrate, Kaimur at Bhabua
4. Superintendent of Police, Kaimur at Bhabua
5. Superintendent of Excise Prohibition, Kaimur at Bhabua
6. Sub-Divisional Magistrate, Bhabua (Kaimur)
7. Inspector of Excise Police Station, Kaimur at Bhabua.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Respondent/s : Mr. Swapnil Kumar Singh, AC to GA-19
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 07-02-2025
In the instant petition, the petitioner has prayed for
the following relief(s):
"I. For issuance of writ certiorari or any
appropriate writ to set aside the order dated
18.10.2024
passed by the sub-divisional Officer,
Bhabua (Kaimur) in Excise (Vehicle confiscation)
Case No. 480 of 2024 arising out of Excise P.S.
(Bhabhua) Case No. 285 of 2024 whereby
confiscated the vehicle Mahendra Scorpio S3,
Patna High Court CWJC No.19267 of 2024 dt.07-02-2025
bearing registration No. JH15S-4793, belonging to
this writ petitioner and directed to auction sale
within two months even after getting notice that the
aforesaid vehicle of the petitioner had been stolen
away and for that petitioner has lodged in district
Palamu Jharkhan i.e. Chhatarpur P.S. Case No.
20/2024 under section 379/34 of the I.P.C. against
unknown thieves.
II. To direct the respondent Authorities to
released the aforesaid Mahendra Scorpio S3,
bearing registration No. JH15S-4793 in favor of
petitioner.
III. To pass any further order/ direction as
deem fit and proper to the fact of this case."
2. On 20.12.2024, co-ordinate Bench has passed
the following order:
"Respondents are hereby directed to
file their counter affidavit positively before the next
date of hearing.
2. The Senior Superintendent of
Police, Kaimur at Bhabua, is hereby directed to
verify whether is there any involvement of the
petitioner for the offence under the Excise Act in
view of the fact that he had registered Chhatarpur
P.S. Case No.20 of 2024 for the offence under
Sections 379/34 of the Indian Penal Code in
respect of theft of the subject matter of the vehicle.
If the theft of the vehicle and registration of
Patna High Court CWJC No.19267 of 2024 dt.07-02-2025
Chhatarpur P.S. Case No.20 of 2024 is genuine in
that event, the Superintendent of Police, Kaimur at
Bhabua, is hereby directed to release the subject
matter of the vehicle in favour of the petitioner
within a period of one week from today. Releasing
of the subject matter of the vehicle is subject to
outcome of the present writ petition.
3. Re-list this matter on 07.02.2025."
3. Resultantly, the concerned Respondent has
released the subject matter of vehicle in favour of the petitioner.
Unnecessarily, Respondents have detained the petitioner's
vehicle despite the fact that it was involved in theft case as is
evident from F.I.R. registered on 30.01.2024 read with F.I.R.
dated 26.03.2024 for the offences under the Bihar Prohibition
and Excise Act, 2016. In other words, petitioner's vehicle after
theft it was misused or abused by some miscreants insofar as
involving for the offences under Excise Act. Based on the
aforementioned material information, in all fairness,
Respondents should have released the subject matter of vehicle
in favour of the petitioner to the extent that subject matter of
vehicle was not involved for the offences under the Excise Act
at the behest of the petitioner after undertaking that vehicle will
be produced as and when it is warranted for the purpose of
investigation and other proceedings. On the other hand, they
Patna High Court CWJC No.19267 of 2024 dt.07-02-2025
have detained vehicle for more than one year and so also
petitioner has been unnecessarily harassed and compelling him
to file the present writ petition.
4. Accordingly, the present C.W.J.C. No. 19267 of
2024 stands allowed with cost of Rs. 10,000/- (Rs. Ten
Thousand). Concerned Respondent shall pay the cost to the
petitioner within a period of 08 weeks from the date of receipt
of this order.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
manish/-
AFR/NAFR N.A.F.R.
CAV DATE N.A
Uploading Date 15.02.2025
Transmission Date N.A
