Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1790 of 2022 ====================================================== Anish Kumar Son of Binod Prasad, R/Village-Gangachak, Malikana, P.S.- Masaurhi, Dist-Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Bihar Prohibition and Excise Act, 2016 and Excise Department, Govt. of Bihar, Patna. 2.

The Excise Commissioner, Government of Bihar, Patna. 3.

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

The Addl. District Magistrate, Patna.

5.

The Senior Superintendent of Police, Patna.

6.

The Excise Superintendent of Police, Patna.

7.

The Excise Inspector, Patna.

8.

The Officer In charge Police Bhagwanganj, Police Station, Dist-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj, Advocate For the Respondent/s :

Mr.Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 22-04-2022 Heard learned counsel for the parties.

Patna High Court CWJC No.1790 of 2022 dt.22-04-2022 2/3 Petitioner has prayed for the following relief(s). Petitioner has approached this Court without exhausting the statutory remedy of revision against the impugned order, as such, petitioner is granted liberty to avail the remedy of revision against the confiscation order passed by the Confiscating Authority- cum- District Magistrate, before the revisional Authority and if any such revision is filed within 4 weeks then revisional authority shall condone the delay in filing the revision

Patna High Court CWJC No.1790 of 2022 dt.22-04-2022 3/3 and shall decide the revision on its own merit preferably within 8 weeks from the date of its filing.

During pendency of revision, the confiscated property/ vehicle shall not be auction sold, if not already auction sold. OR Petitioner shall also have option to get his vehicle released on payment of penalty in view of insertion of Rule 12(A) by amending the Bihar Prohibition and Excise Rules, 2021.

The writ petition is disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date