Pratima Kumari v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4483 of 2023 ====================================================== Pratima Kumari D/o Ram Sakal Ram, Resident of Village- Sota Dharhara, P.O. - Dharahara, P.S. - Kateya, Distt. - Gopalganj. ... ... Petitioner/s

Versus

1.

State of Bihar through Secretary Department of Excise, Bihar, Patna. 2.

Secretary, Department of Excise, Bihar, Patna. 3.

The District Magistrate cum collector, Gopalganj. 4.

The Superintendent of Excise, Gopalganj.

5.

Sri Ashutosh Kumar, Sub Inspector of Police Station Bhore, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Respondent/s :

Mr. Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-04-2023 The petitioner is concerned with the release of the Motorcycle bearing registration no. Up 57BF 0673, Engine No.HA11EYNHB04926; Chassis no.MBLHAW127NHB22837. The same was seized on 12.11.2022 pursuant to registration of an FIR bearing Bhore P.S. Case No.543 of 2022 dated 12.11.2022.

There was recovery of 20.400 litres of illicit liquor (country made liquor) from the vehicle. The petitioner would necessarily have to approach the confiscating authority for conclusion of the proceedings and if the proceedings are already

Patna High Court CWJC No.4483 of 2023 dt.17-04-2023 2/2 concluded, then the petitioner would have to avail the remedy of appeal and revision as per the Bihar Prohibition and Excise Act, 2016 or the remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021; as is desired.

The writ petition stands closed with the aforesaid reservation.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) Sunil/- AFR/NAFR NAFR CAV DATE Uploading Date 19.04.2023 Transmission Date