Kusheshwar Mahto vs The State Of Bihar
2025 Latest Caselaw 2479 Patna

Patna High Court

Kusheshwar Mahto vs The State Of Bihar on 27 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.2772 of 2025
     ======================================================
     Kusheshwar Mahto S/o- Rupi Mahto, R/o- Village - Damodarpur Dumaria,

     P.S. - Bibhutipur, District- Samastipur.


                                                                       ... ... Petitioner/s
                                                Versus

1.   The State of Bihar through the Principal Secretory Department of Excise,

     Government of Bihar, Patna.
2.   The District Magistrate-cum-Collector, Samastipur.
3.   The Superintendent of Police, Samastipur.
4.   The SHO, Bibhutipur, Samastipur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :          Mr.Mirityunjay Kumar, Advocate
     For the Respondent/s      :          Mr.Government Advocate (3)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT

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

Date : 27-03-2025

In the instant writ petition, the petitioner has prayed for

the following relief(s):

"(i) For issuance of appropriate Writ in the nature of "MANDAMUS" commanding upon the respondent authorities to release the vehicle of the petitioner of Splendor bearing registration no.

BR09AJ3789, Engine no. HA11EYLHL20314, and Chassis No.-MBLHAW123LHL26139, which has been seized in connection with Bibhutipur P.S.Case No.-411 of 2024.

Patna High Court CWJC No.2772 of 2025 dt.27-03-2025

(ii) For grant of any other relief or reliefs for which the petitioner found to be entitle."

2. We had earlier on 20.03.2025 specifically asked the

respondent no. 3-Superintendent of Police, Samastipur to file

affidavit whether was there any recovery of liquor from the

vehicle of the petitioner or not. Today, a counter affidavit has

been filed on behalf of respondent no. 3. In para 24 of the said

affidavit he has admitted that no liquor has been recovered from

the petitioner's vehicle. In the light of these facts and

circumstances, the petitioner's vehicle is not involved for the

offences under Excise Act. Resultantly, petitioner is entitled to

have the benefit of release of the vehicle to the extent that his

vehicle is not involved under the Excise Act.

3. In this regard, Sr. Superintendent of Police, Gaya is

requested to release the subject matter vehicle in favour of the

petitioner after due verification of the records of the vehicle

within a period of two weeks.

4. The petitioner shall give an undertaking before the

Sr. Superintendent of Police, Gaya to the effect that whenever

the subject matter vehicle of the petitioner is warranted for

inspection in respect of other offences are concerned, the

petitioner shall produce the vehicle before the concerned Patna High Court CWJC No.2772 of 2025 dt.27-03-2025

authority for inspection/examination of vehicle records.

5. 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          07.04.2025
Transmission Date       NA