Bom Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.533 of 2022 ====================================================== Bom Shankar Singh, Son of Khaderan Singh, Resident of Village- Sara, Police Station- Tarari, District- Ara (Bhojpur). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar.

2.

The Excise Commissioner, Bihar, Patna.

3.

The Collector-cum-District Magistrate, Purniya. 4.

The Excise Superintendent, Purniya.

5.

The District Superintendent of Police, Purniya. 6.

The District Arms Magistrate, Purniya.

7.

The Officer-in-Charge, K.Haat (Sahayak), Police Station, District- Purniya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 11-05-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :

Patna High Court CWJC No.533 of 2022 dt.11-05-2022 2/3 As recovered and seized licensee revolver and the cartridges are not liable for confiscation under section 56 of the Excise Act, as such, bar of jurisdiction in confiscation under section 60 of the Excise is not applicable and the Special Court, Excise has jurisdiction to pass order for release of licensee revolver and the cartridges during pendency of trial. Petitioner would be at liberty to file a petition before the Special Court, Excise under section 451 of Cr.P.C. and if any such petition is filed for release of licensee revolver loaded with cartridges the special court excise shall dispose of such

Patna High Court CWJC No.533 of 2022 dt.11-05-2022 3/3 petition within 30 days from the date of its filing. Petition stands disposed of with the aforesaid observations/directions.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date