Patna High Court
Antu Kumar vs The State Of Bihar on 6 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5468 of 2025
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Antu Kumar S/o Harinda Manjhi @ Harendra Manjhi, R/o Bharpatia,
Manuapul, P.S. Manuapul, District- West Champaran.
... ... Petitioner.
Versus
1. The State of Bihar through Principle Secretary, Home Department,
Government of Bihar, Old Secretariat, Patna - 800001.
2. The Secretary, Excise Department, Vikash Bhawan, Bailey Road Patna,
Bihar- 800001.
3. The District Magistrate, Bettiah, Collectorate Office, Bettiah.
4. The Officer-In Charge of Police Station of Banuchhapur, Bettiah District,
West Champaran.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Deovind Kumar Singh, Advocate.
Mr. Dharmesh Kumar Chaubey, Advocate.
For the State : Mr. Mujtabaul Haque, GP-12.
Mr. Manish Kumar, AC to GP-12.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 06-05-2025
In the instant writ petition, petitioner has prayed for
the following relief(s):
"For issuance of appropriate
writ/orders/directions commanding the respondents
to release the pulsar Motorcycle, bearing its
Registration no:-BR22BH-2088 Chasis No:-
MD2B68BX9RPL12798, Engine No:-
DHXPRL76533, which was seized by officer-
charge of Banuchhapur, Police Station on 13-12-
2024, in connection with Banuchhapar P.S Case
Patna High Court CWJC No.5468 of 2025 dt.06-05-2025
2/3
No.-44/2024, registered under section 126(2),
115(2), 281, 125(a), 324(4), 352 BNS and 37 of
Bihar Excise Prohibition Amendment Act 2022 and
it is being kept in the premises of Banuchhapar
Police Station, District-West Champaran."
2. Banuchhapar P.S. Case No.44 of 2024 has been
registered for the offence under the BNS and Excise Act. In the
absence of the seizure of the liquor, the subject matter of the
vehicle of the petitioner bearing Registration No.BR22BH-2088
has been seized. Therefore, seizure of the vehicle would be
arbitrary and illegal. Resultantly, petitioner is entitled to have
benefit of the release of the vehicle with certain conditions like
as and when vehicle is required to be produced for the purpose
of investigation, the petitioner is required to furnish the vehicle.
In this regard, petitioner shall cooperate with the official
respondent as and when it is warranted.
3. Having regard to the fact that the official
respondent has seized the vehicle without seizure of any liquor,
therefore, he is hereby directed to release the subject matter of
the vehicle in favour of the petitioner within a period of one
week from today. Petitioner shall furnish the relevant
documents of the vehicle before the concerned authority so as to
enable the concerned official respondent to release the subject
Patna High Court CWJC No.5468 of 2025 dt.06-05-2025
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matter of the vehicle. The above exercise shall be completed
within a period of one week from today.
4. Having regard to the fact that the petitioner has
been harassed and the vehicle is in police/excise custody from
13.12.2024
even to this day and petitioner was compelled to file
the present litigation, he is entitled to cost of litigation and it is
quantified at Rs.15000/-(Rupees Fifteen Thousand). The same
shall be paid to the petitioner within a period of eight weeks
from the date of receipt of this order.
5. With the above observation(s), the instant writ
petition stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.05.2025.
Transmission Date NA
