Prabhat Kumar Singh vs The State Of Bihar
2025 Latest Caselaw 1448 Patna

Patna High Court

Prabhat Kumar Singh vs The State Of Bihar on 30 January, 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.774 of 2025
     ======================================================
     Prabhat Kumar Singh, S/o- Kaushal Singh, R/O Village- Kawalu, P.S.- Daru,
     District- Hazaribagh, State- Jharkhand- 825313.
                                                                ... ... Petitioner.
                                         Versus
1.    The State of Bihar through Secretary Excise and Prohibition Department,
      Govt. of Bihar, Patna.
2.   The Excise Commissioner, Bihar, Patna.
3.   The District Magistrate, Darbhanga, Bihar.
4.   The Superintendent of Police, Darbhanga, Bihar.
5.   The Superintendent of Excise, Darbhanga, Bihar.
6.   The SHO, Bhalpatti Police Station, Darbhanga, Bihar.
                                               ... ... Respondents.
     ======================================================
     Appearance :
     For the Petitioner     :       Mr. Md. Danish Quamar, Advocate.
     For the State          :       Mr. Manish Kumar, GP-4.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 30-01-2025

In the instant writ petition, petitioner has prayed for

the following relief(s):

"i. For issuance of a writ in the any other appropriate order/orders, direction/ directions directing the respondents to release the vehicle of the petitioner which is Mahindra & Mahindra Limited Truck having Registration Number JH19A4483, Engine Number BC12ZC0025 and Chassis Number C6C91499 and Model No.-LPT 3118 2013 which has been seized by the State officials under the Bhalpatti P.S. Case Patna High Court CWJC No.774 of 2025 dt.30-01-2025

No.-54 of 2024 U/s-30(a), 41(a) of the Bihar Prohibition and Excise Amendment Act, 2018 dated 01.08.2024.

And/or ii. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law."

2. It is an admitted fact that the petitioner is not the

owner of the subject matter of the vehicle and he is only

agreement holder. Agreement has not attained finality insofar as

sale of the subject matter of the vehicle in favour of the

petitioner. Therefore, petitioner has no locus insofar as claiming

the subject matter of vehicle.

3. Accordingly, instant writ petition stands

dismissed. Dismissal of the instant writ petition would not be a

hurdle for the owner of the vehicle with reference to date of

offence as on 01.08.2024 to resort such remedy available to

him/her.

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J) P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.02.2025.
Transmission Date       NA