Geeta Yadav vs The State Of Bihar
2025 Latest Caselaw 892 Patna

Patna High Court

Geeta Yadav vs The State Of Bihar on 29 July, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9542 of 2025
     ======================================================
     Geeta Yadav, Wife of Deepak Yadav, Resident of RF-100-101, 2nd Floor,
     Sector- 11, Rohini P.S.- K.N. Kataju Marg, District- Delhi.
                                                                  ... ... Petitioner.
                                         Versus
1.    The State of Bihar through the Additional Chief Secretary, Bihar Prohibition
      Excise and Registration Department, Government of Bihar, Patna.
2.   The Commissioner, through Bihar Prohibition Excise and Registration
     Department, Government of Bihar, Patna.
3.   The Collector-cum-District Magistrate, Gopalganj.
4.   The S.D.M. Hatuha, Gopalganj.
5.   The Senior Superintendent of Police, Gopalganj.
6.   The Excise Superintendent, Gopalganj.
7.   The S.H.O., Meerganj Thana, Gopalganj.
8.   The I.O. of Meerganj Thana P.S. Case No. 213/2024, Meerganj Thana,
     Gopalganj.
9.   The Union of India through the Commissioner of Police, Delhi.
10. The Deputy Commissioner of Police, Delhi.
11. The S.H.O., K.N. Katju Marg Police Station, Delhi.
12. Zoomcar India Private Limited, 1st Floor, Anjaneya Techno Park, No. 147,
    Hal Old Airport Road, ISRO Colony, Kodihalli, Bangalore- 560008.
13. Happy Sharma, Son of not known, 1st Floor, Anjaneya Techno Park, No.
     147, Hal Old Airport Road, ISRO Colony, Kodihalli, Bangalore- 560008.
                                                            ... ... Respondents.
    ======================================================
     Appearance :
     For the Petitioner     :       Mr. Krishna Kant Singh, Advocate.
     For the State          :       Mr. Navnit Kumar, AC to GP-18.
     For the UOI            :       Mr. Prakash Chandra Agrawal, Sr. CGC.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 29-07-2025

                   In the instant petition, petitioner has prayed for the

      following relief(s):

                                 "(i) For directing the concerned authority
 Patna High Court CWJC No.9542 of 2025 dt.29-07-2025
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                         to release the vehicle to the petitioner forthwith
                         which has been seized in connection with Mirganj
                         P.S. case no 213/2024 registered for the offence U/s
                         414 of I.P.C and section 30(a) of Bihar prohibition
                         and excise act after setting aside the order dated
                         11.02.2025

passed by the learned S.D.M, Hathua, Gopalganj by which vehicle of the petitioner has been confiscated as admittedly the said order has been passed without any notice to the petitioner who is the owner of the vehicle in question and on the alleged date she had leased the vehicle to one Happy Sharma.

(ii) For directing the concerned respondent not to sell/auction the vehicle in question during pendency of this instant writ application.

(iii) For directing the concerned respondent to pay proper compensation to the petitioner for the deterioration of the vehicle caused by its storage in an open place without adequate care.

(iv) For directing concerned authority including the investigating officer of Mirganj P.s case no 213/2024 to conduct proper inquiry and bring the culprit responsible for the misuse of the vehicle of the petitioner under the ambit of the law and to proceed accordingly.

(v) For other necessary relief/reliefs to which the petitioner may be found entitled in the facts of the case."

Patna High Court CWJC No.9542 of 2025 dt.29-07-2025

2. Confiscation proceeding has attained finality on

11.02.2025. Therefore, the petitioner has statutory remedy of

appeal before the Appellate Authority under Section 92 of the

Bihar Prohibition and Excise Act, 2016 and simultaneously the

petitioner is entitled to make application under Rule 12A of the

Bihar Prohibition and Excise Rules, 2021 read with amended

sub Rule 2 of Rule 12A in the year 2022 and 2023. Therefore,

the petitioner is at liberty to avail the aforementioned remedies.

3. The concerned authority is hereby directed to

expedite the grievance of the petitioner at the earliest.

4. With the above observation(s), instant writ petition

stands disposed of.

5. If the application is filed by the petitioner, the

concerned authority is hereby directed not to dispose of the

seized/confiscated vehicle till disposal of the appeal to be filed

by the petitioner.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.07.2025.
Transmission Date       NA