Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8970 of 2021 ====================================================== Chunnu Kumar son of Late Nand Kishore Rai R/O- Amar Chatauni, Motihari, P.S.- Chhatauni, Dist- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP 7 ====================================================== 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 release of the confiscated Tata Sumo Grand, vehicle of the petitioner, bearing vehicle No.

BR06PA-5402, Engine No.483DLTC55AYY701142.

(ii) For grant of any other relief / reliefs, which the petitioner is entitled to, in the facts and circumstances of this case."

Petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order, as such, petitioner is granted liberty to avail the remedy of appeal

Patna High Court CWJC No.8970 of 2021 dt.01-07-2021 2/2 against the confiscation order passed by the Confiscating Authority- cum- District Magistrate, before the Appellate Authority and if any such appeal is filed within 4 weeks then 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.

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