Subodh Kumar, v. The State Of Bihar Through Its Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9232 of 2021 ====================================================== Subodh Kumar, son of Sone Lal Mahto, Resident of Village-Maidapur Sharfuddinpur, P.S.-Muzaffarpur, District-Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Patna.
2.
The Director General of Police, Bihar, Patna. 3.
The District Magistrate, Sitamarhi.
4.
The Superintendent of Police, Sitamarhi.
5.
The Sub Inspector Excise, Sitamarhi.
6.
The A.S.I. cum SHO of Parsauni Police Station, District-Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Respondent/s :
Mr. Kumar Manish, SC 5 ====================================================== 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 : 01-07-2021 Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:- (I) For issuance of appropriate/ writ/ writs/ direction /directions /order / orders for release of the Shine SP Honda Motorcycle bearing Registration No. BR 06 BQ 2675, Engine No.JC73ET2099063, Chassis No.ME4JC737FJT054349 in connection with Parsauni P.S. Case No. 107/ 2020 dated 23.12.2020 registered for an
Patna High Court CWJC No.9232 of 2021 dt.01-07-2021 2/3 offence under Section 30(a) of Bihar Prohibition & Excise Act, 2016 pending in the court of learned A.D.J.-II-cumSpecial Judge (Excise Act) Sitamarhi, which has not been sent to the learned Collector cum District Magistrate, Sitamarhi for its confiscation.
(ii) For issuance of appropriate / writ / writs / direction / directions / order / orders for release of vehicle in question in favour of the petitioner on adequate surety on the terms and conditions as laid down by this Hon'ble Court. (iii) For any other relief/ reliefs to which the petitioner may be found entitled in the facts and circumstances of the case."
It has been submitted by learned counsel for the State that final order has been passed by the confiscating authority on 24.03.2021 in confiscation case no.252 of 2020, as such, present writ petition for interim release of vehicle has become infructuous.
As such, petitioner is granted liberty to avail the remedy of appeal against the confiscation order passed by the Confiscating Authority -cum- District Magistrate, before the appellate authority and if any such appeal is filed within 8 weeks from today, the appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.
Patna High Court CWJC No.9232 of 2021 dt.01-07-2021 3/3 During pendency of appeal, the confiscated property/ vehicle shall not be auction sold, if not already auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.07.2021 Transmission Date NA