Jafar Imam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1604 of 2023 ====================================================== Jafar Imam Khan Son of Umarshid Khan, resident of Village- Nainghat, Bhalpatti, P.S.- Sadar, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Bihar Prohibition and Excise, Government of Bihar, Patna. 2.

The Collector-Cum- District Magistrate, Patna. 3.

The Superintendent of Police, Patna City, Patna. 4.

The Superintendent of Excise, Patna.

5.

The Officer In Charge, Mehandiganj Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Respondent/s :

Mr.Vivek Prasad ( Gp 7 ) Ms.Supragya, Ac to Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 20-07-2023 In the instant petition, petitioner has prayed for the following relief(s):- "(A) A writ in the nature of mandamus or any other appropriate writ, order/s direction commanding the respondents for the following reliefs:- (I) To release the Mahindra Scorpio S5 bearing registration No. BR01PM1241, Engine No. XMM4C14662, Chassis No.

MA1TA2XM2M2C33171 which has been seized by S.H.O.

Patna High Court CWJC No.1604 of 2023(6) dt.20-07-2023 2/3 Mehnadiganj Police Station, District- Patna in connection with Mehandiganj P.S. Case No. 197/22 dt 12-12-2022 for offences under section 37/30(a) of Bihar Prohibition Act 2022 which has been forwarded to the court of learned Special Judge, Excise, Patnacity.

(B) To any other relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."

2. On 25.04.2023, the petitioner has already got final relief in the form of interim relief. Therefore, the present petition does not survive for consideration.

3. However, the concerned respondent is hereby directed to examine whether the release of vehicle could be with reference to security bonds or is there any provision of law. If any other provision of law is available for release of vehicle like security deposit in that event the concerned respondent shall proceed to invoke the relevant rule demanding security deposit instead of security bond. Concerned authority is hereby directed to examine Rule 12A of the Bihar Prohibition & Excise Rules, 2021 read with Bihar Prohibition & Excise (Amendment) Rules, 2023.

4. The above exercise shall be completed within a period of two months from the date of receipt of this order.

Patna High Court CWJC No.1604 of 2023(6) dt.20-07-2023 3/3

5. Accordingly, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) abhishekkr/- U