Sunil Kumar Singh @ Sunil Kumar @ Sunil ... vs The State Of Bihar
2025 Latest Caselaw 2143 Patna

Patna High Court

Sunil Kumar Singh @ Sunil Kumar @ Sunil ... vs The State Of Bihar on 6 March, 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.3490 of 2025
     ======================================================
     Sunil Kumar Singh @ Sunil Kumar @ Sunil Singh S/o- Late Persan Singh,
     R/o Village- Salehpur, P.S- Vishambharpur, In the District of Gopalganj,
     Bihar.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Bihar Prohibition and
     Excise Department, Bihar Patna.
2.   The District-Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.   The Officer in charge of Vishambharpur Police Station, District- Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Adesh Raj, Advocate.
     For the Respondent/s   :      Mr. K.K. Singh, AC to GP-22.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                                and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                          ORAL JUDGMENT

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

Date : 06-03-2025

1. In the instant petition, petitioner has prayed for

the following reliefs:-

"(i) For that this civil writ application is being filed for commanding and directing the respondents authorities to release the Motorcycle of the petitioner bearing Reg. No. BR-28AD-1024 and he has every valid document for the same and having Chassis No. MBLJAW400PGC13081, Engine No. JA07AMPGC03483, seized by Vishambharpur Police Station, Gopalganj in connection with Vishambharpur P.S. Case No.72 of 2024 dated 11.06.2024 registered for the offences punishable U/s 30(a) of the Bihar Prohibition and Excise Act in favour the petitioner or his Patna High Court CWJC No.3490 of 2025 dt.06-03-2025

representative, in favour of the petitioner or his representative.

(ii) For direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina vs. State of Bihar (CWJC No.7920 of 2023).

(iii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case."

2. In support of aforementioned relief there is no

demand before the competent authority in particularly 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.

3. In the absence of demand before the competent

authority, the present Writ petition for writ of mandamus is not

maintainable or it is pre-mature. Accordingly, the present Writ

petition stands disposed of as pre-mature.

4. Disposal of the present petition would not be a

hurdle for the petitioner to invoke remedy under Rule 12A of

Bihar Prohibition and Excise Rules, 2021 including amended

provisions in the year 2022 and 2023. If such application is

submitted in the prescribed form before the competent authority,

the competent authority shall pass speaking order within a

period of two weeks from the date of receipt of such application.

5. If the confiscation of the vehicle has attained Patna High Court CWJC No.3490 of 2025 dt.06-03-2025

finality, in that event, petitioner is at liberty to prefer an appeal

before the appropriate authority.

6. With the above observation, the present petition

stands disposed of.

(P. B. Bajanthri, J)

(Sunil Dutta Mishra, J) ritik/-

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                07.03.2025
Transmission Date                 NA