Patna High Court
Jagdish Sudam Rathore @ Rathore Jagdish ... vs The State Of Bihar on 21 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.1413 of 2025
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Jagdish Sudam Rathore @ Rathore Jagdish Sudam, Son of Sudam Rathore,
Resident of Rajdehre, Rohini, Jalgaon, Maharashtra, Pin-424108. At present
resident of village- Mordad Tanda Tal Nila Dhule, Maharashtra.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, Saran, Chapra.
3. The Additional District Magistrate, Saran, Chapra.
4. The Superintendent of Police, Saran, Chapra.
5. The Inspector, Manjhi Police Station, Saran.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Swami Parth Sarthy, Advocate.
For the State : Mr. Government Advocate-03.
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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 : 21-02-2025
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"I. For issuance of a writ in the nature of
certiorari for quashing and setting aside order dated
23.11.2024
passed by Additional District
Magistrate, Saran, Chapra in Confiscation Case
No.456 of 2023 whereby he has inflicted a penalty
of 50% of IDV for release of petitioner's Eicher
Pro Truck bearing Registration No.MH18BZ0410,
Chasis No.MC2CAMRCO-PA085687 and Engine
No.E426CDPA421538 sized in Manjhi Police
Station Case No.99 of 2023 for alleged offences
Patna High Court CWJC No.1413 of 2025 dt.21-02-2025
Under Sections 272/273/420/120B of I.P.C. and
Section 30(a) of the Bihar Prohibition and Excise
Act, 2022.
II. For issuance of a writ in the nature of
mandamus for direction to the respondents for
provisional release of the above mentioned truck in
favour of the petitioner as petitioner is real owner
of the said vehicle in view of substituted Sub-Rule
(2) of Rule 12A of the Bihar Prohibition and Excise
Rules, 2021 which proposes for minimum 10%
penalty of IDV and a maximum of Rs.5 Lakhs.
III. For grant of any other relief/reliefs
for which the petitioner is legally entitled in the
facts and circumstances of the case."
2. Petitioner has a statutory remedy of filing appeal
against the confiscation order under Section 92 of the Bihar
Prohibition and Excise Act, 2016. Without exhausting such
remedy, he has rushed to this Court. Therefore, the instant writ
petition is pre-mature. Accordingly, instant writ petition stands
disposed of.
3. Petitioner is permitted to submit a detailed
memorandum of appeal before the Appellate Authority under
Section 92 of the Bihar Prohibition and Excise Act, 2016 within
a period of four weeks from today. If such appeal is presented,
the Appellate Authority is requested to decide the petitioner's
Patna High Court CWJC No.1413 of 2025 dt.21-02-2025
appeal within a period of two months from the date of receipt of
such appeal. In the meanwhile, the auction proceeding shall not
be undertaken in respect of the subject matter of the vehicle till
disposal of the appeal.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.02.2025.
Transmission Date NA
