Amitav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 3298 of 2023 ====================================================== Amitav Kumar Son of Late Jamuna Prasad, Resident of Village- Ward No. 06, East Urvashi Cinema, Police Station- Bettaih Town, District- West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department Government of Bihar, Patna. 2.
The District Magistrate cum Collector, West Champaran at Bettiah. 3.
The Superintendent of Police, West Champaran at Bettiah. 4.
The Officer In Charge, Bagaha Police Station, District- West Champaran at Bettiah.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr Anant Kumar Mishra, Advocate For the Respondent/s :
Mr Vivek Prasad, GP VII ======================================================
CORAM:
HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-04-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.
The petitioner is concerned with the release of the vehicle bearing Registration No. BR22V/8898, Engine No. JA05ECH9B21590 and Chassis No. MBLJA05EWH9B27078 which has been seized along with 40 litres of liquor alleging an offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. The First Information Report (for brevity, FIR) of Mufassil Police Station (for brevity, PS) Case No 98 of 2021
Patna High Court CWJC No.3298 of 2023(2) dt.12-04-2023 2/2 has been registered.
It is the submission of learned counsel for the petitioner that earlier an FIR being Bagha PS Case No 479 of 2021 was registered alleging theft of the vehicle. Learned State counsel, on instructions, submits that confiscation proceedings are over and the vehicle has been auctioned.
In such circumstances, we are not inclined to invoke extraordinary remedy of writ jurisdiction under Article 226 of the Constitution of India.
Writ petition is dismissed.
(K Vinod Chandran, CJ) (Madhuresh Prasad, J) M.E.H, uttam/- U