Jitendra Kumar @ Jitendra Ku Ballu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3728 of 2025 ====================================================== Jitendra Kumar @ Jitendra Ku Ballu, aged about 47 years, Gender - Male, Son of Late Divendra Prasad Resident of 473/376, Mohar Tola, Dariyapur Gola, Arya Kumar Road, Bankipore, P.S.- Kadam Kuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Development of Registration and Excise, Government of Bihar. 2.

The District Magistrate, Patna.

3.

The Superintendent of Police, Patna.

4.

The Sub-Divisional Officer, Patna Sadar.

5.

The S.H.O., Kadam Kuan Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Respondent/s :

Government Advocate 09 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 15-04-2025 In the instant writ petition, petitioner has prayed for the following reliefs :

"(i) For commanding the respondent authorities to release the amount of Rs. 3,35,650/- in favour of the petitioner which was seized of pursuance to Kadam Kuan P.S. Case No. 176 of 2019 dated 19.03.2019 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

(ii) And for grant any other relief(s) as per the facts and circumstances of

Patna High Court CWJC No.3728 of 2025(2) dt.15-04-2025 2/2 this case."

2. Question of releasing cash amount to the tune of Rs. 3,35,650/- (Three Lakhs Thirty Five Thousand Six Hundred Fifty) for the offences under the Excise Act cannot be entertained.

3. Petitioner has remedy before the concerned authority. If the authorities are satisfied, they are permitted to release the aforementioned amount or in the alternative, petitioner is at liberty to invoke remedy before the Trial Court and in accordance with law.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) GAURAV S./- U