Patna High Court
Faiyaz Khan vs Th State Of Bihar on 20 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.195 of 2025
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Faiyaz Khan, Son of Azad Khan, Resident of Village- Near Masjid Tarwan,
Police Station- Siwan Muffasil, District- Siwan.
... ... Petitioner
Versus
1. Th State of Bihar through the Principal Secretary, Excise and Prohibition
Department, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Siwan.
4. The Superintendent of Police, Siwan.
5. The Superintendent of Excise, Siwan.
6. The S.H.O., Nautan Police Station, District- Siwan.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Navnit Kumar, AC to G.P. - 18
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 20-03-2025
In the instant petition, petitioner has prayed for the
following relief:
"1. That, this is an application for
issuance of a writ in the nature of mandamus or
any other appropriate writ or writs directing the
respondents to release the motorcycle Hero
Splendor of the petitioner bearing registration No.
BR29AJ-6163 (wrongly typed in the F.I.R. &
Patna High Court CWJC No.195 of 2025 dt.20-03-2025
2/4
seizure list as registration No. BR29AC-2153),
Engine No. HA10AGKHF93988, Chassis No.
MBLHAW083KHF86225 belongs to the petitioner,
which has been seized in Nautan Police Station
Case No. 10 of 2022 for the alleged recovery of
26.800 litres Bunti Babli country made liquor for
which neither the notice has been issued for
initiation of confiscation proceeding nor
confiscation proceeding has been initiated till date
so far the best of knowledge of the petitioner.
AND/OR
For passing such other order or orders for which
the petitioner will be found entitled in the eye of
law."
2. For the theft of the subject matter of vehicle
bearing registration No. BR29AC-2153, Hero Splendor
motorcycle, petitioner had registered Nautan P.S Case No. 10 of
2022 on 13.01.2022. The stolen vehicle was involved for the
Excise offence by some miscreants, resultantly, F.I.R. was
registered on 13.10.2022 in Nautan Police Station. In this
regard, the concerned Respondents should have ascertained the
position, who is the owner of the vehicle and other details. In
Patna High Court CWJC No.195 of 2025 dt.20-03-2025
3/4
order to release the subject matter of vehicle in favour of the
owner. Such action has not been undertaken from 13.01.2022 to
22.02.2025
. In other words, petitioner's vehicle has been
released on 22.02.2025. The State-Respondents are very casual
in seizure of the vehicle and its release and other consequential
proceedings. They are taking their own time. In fact, seized
vehicles are kept in open in the absence of any protection and its
depreciation value would be on yearly basis due to exposure of
the vehicle to nature.
3. Despite Court's order issued from time to time,
the Official-Respondents are not taking necessary steps. In fact,
in the case of Santosh Singh Vs. The State of Bihar & others
(C.W.J.C. No. 18089 of 2024, dated 05.12.2024), Co-ordinate
Bench elaborately considered how to dispose of seized vehicles
and in this regard State/Police department was directed to issue
Guidelines on the line of Guidelines issued by the Chandigarh
Union territory. In this regard, if action has not been taken by
the concerned official Respondents, they are hereby directed to
take note of the observation made in the case of Santosh Singh
(cited supra) and proceed to take appropriate steps.
4. Having regard to the fact that stolen vehicle was
seized by the official Respondents on 13.01.2022 and it was
Patna High Court CWJC No.195 of 2025 dt.20-03-2025
under their custody upto 22.02.2025 and compelling the
petitioner/owner of the vehicle to invoke remedy under Article
226 of the Constitution. The official Respondents are liable to
pay litigation cost and it is quantified at Rs. 50,000/- (Rs. Fifty
Thousand). Cost shall be paid to the petitioner within a period of
08 weeks from the date of receipt of this order.
5. With the above observation and direction, the
present Writ petition stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
manish/-
AFR/NAFR N.A.F.R.
CAV DATE N.A
Uploading Date 25.03.2025
Transmission Date N.A
