Mahesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5208 of 2018 ====================================================== Mahesh Prasad son of Jagu Yadav resident of village Jithauna, P.S. Khudaganj, District Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Excise Department, Bihar at Patna.

2. The District Magistrate, Nalanda.

3. The S.P., Nalanda.

4. The S.H.O., Khodaganj, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumari Sujata Sinha, Advocate For the Respondent/s :

Mr. Vikash Kumar- SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-04-2018 Having heard learned counsel for the parties, we direct that pending finalization of the criminal case (Khodaganj P.S. Case No. 127/2017), vehicle of the petitioner (Hero Splendar Motorcycle bearing Registration No. BR-02AC-9803) be released to the petitioner on the petitioner furnishing two sureties to the satisfaction of the District Magistrate, Nalanda. In case respondents want to take action for confiscation, they are cautioned to take note of Section 56 of the Act and shall initiate proceedings only if the confiscation proceedings can be initiated in a case like this where there is no seizure of liquor and the vehicle is not used for transportation of liquor and only the

Patna High Court CWJC No.5208 of 2018(2) dt.12-04-2018 2/2 driver is found to have driven the vehicle in a drunken condition. In case confiscation proceedings are initiated and finally it is found that the confiscation could not be initiated being contrary to Section 56, the petitioner shall have liberty to seek compensation to be paid by the officer concerned personally who takes action in the matter.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U