Patna High Court
Raushan Tara vs The State Of Bihar on 26 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.836 of 2025
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Raushan Tara Wife of Shekh Gafar, Resident of Village- Shekh Dhurwa, P.O.-
Khairatiya, Bettiah Dih, P.S.- Manuapul, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise of
Prohibition, Government of Bihar, Patna.
2. The Secretary, Department of Excise and Prohibition, Government of Bihar,
Patna.
3. The Director General of Police, Bihar, Patna.
4. The District Magistrate, Bettiah, West Champaran.
5. The Additional District Magistrate, Bettiah, West Champaran.
6. The Superintendent of Police, Bettiah, West Champaran.
7. The Oficer-in-Charge-cum-SHO, Sikta, District- Bettiah, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Gupta, Advocate
For the Respondent/s : Mr.Government Pleader (14)
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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 : 26-03-2025
In the instant petition, the petitioner has prayed for
the following relief:-
"(i) For issuance of an appropriate writ/s,
order/s, direction/s in the nature of mandamus
commanding the respondent to released the vehicle of the
petitioner Honda Shine motor cycle, bearing Reg. No.
BR-22-AU-9028 Chassis No. ME4JC856CMD145867,
Engine No. JC85ED0340710, which was seized in
Patna High Court CWJC No.836 of 2025 dt.26-03-2025
2/4
connection with Sikta P.S. Case No. 123 of 2023 dated
19.10.2023
for registered offences under sections 30(a)
of Bihar Prohibition and Excise Act 2016.
(ii) To pass such other order/orders as your
lordships may deem fit and proper in facts and
circumstances of the case."
2. The petitioner vehicle bearing no. BR-22-AU-9028
was stolen by some unknown miscreants, resultantly petitioner
had registered FIR Bettiah Nagar P.S. Case No. 731 of 2023.
Thereafter the same vehicle was involved for the offences under
Excise Act for which Sikta P.S. Case No. 123 of 2023 was
registered on 19.10.2023.
3. In this backdrop, the official respondents should
have released the subject matter vehicle in favour of the
petitioner after analyzing the factual aspects of the matter. On
the other hand, they have proceeded to confiscate the subject
matter of the vehicle and confiscation proceedings have been
completed on 18.06.2024. The confiscating authority has not
applied its mind to the extent that petitioner is not involved for
the offences under Excise Act in view of the fact that the subject
matter vehicle was stolen prior to 19.10.2023, therefore, it is
evident that some miscreants have used the vehicle. In this
backdrop, the concerned respondent is hereby directed to release
the subject matter vehicle in favour of the petitioner within a
Patna High Court CWJC No.836 of 2025 dt.26-03-2025
period of one week from today.
4. The petitioner is entitled to litigation cost and it is
quantified at Rs. 25,000/- for the reason that the petitioner has
been unnecessarily harassed and the vehicle has been seized for
more than a year and compelling him to invoke remedy before
this Court in filling the present writ petition.
5. Time and again, this Court has held that insofar as
seizure of the stolen vehicle, the concerned authority was
required to examine whether the vehicle is involved for the
offences under Excise Act or not. If he/she is not involved in
such excise offences in that event, in all fairness, the vehicle
should have been released in favour of the owner with rider to
the extent that whenever the vehicle is wanted for inspection
insofar as offences under Excise Act alleged to have been
committed by some miscreants other than the owner of the
vehicle.
6. The petitioner is hereby directed to co-operate with
the official respondent/s in the event of production of vehicle
and its documents at any stage insofar as Sikta P.S. Case No.
123 of 2023 registered on 19.10.2023 is concerned.
7. The cost shall be paid within a period of two
months from the date of receipt of this order.
Patna High Court CWJC No.836 of 2025 dt.26-03-2025
8. With the above observation, the writ petition stands
disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025
Transmission Date NA
