Shrinath Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5473 of 2022 ====================================================== Shrinath Sonar, Son of Lal Sonar, Resident of Village and P.O.- Ghanshyampur, District-Darbhanga, PIN-847427. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise Department Govt. of Bihar, Patna.

2.

The District Magistrate, Darbhanga.

3.

The Superintendent of Police, Darbhanga.

4.

The Officer Incharge, L.M.N. University Police Station, Darbhagna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 10-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

Patna High Court CWJC No.5473 of 2022 dt.10-05-2022 2/3 It is submitted that 5.4 litres of illicit liquor was recovered from the motorcycle of petitioner which was stolen on 24.04.2021 for which he had instituted an FIR (Annexure-3) and his stolen vehicle was misused by miscreants for transporting illicit liquor which was seized by police on 13.07.2021 and he is not responsible of being indulged in carrying illicit liquor in his vehicle as same was stolen for which he had already instituted an FIR, for which petitioner cannot be held to be responsible.

In facts and circumstances of present case, District Magistrate/Confiscating Authority concerned is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers with respect to vehicle in question upon furnishing adequate sureties to the satisfaction of the concerned District Magistrate/Confiscating Officer. The release shall be allowed within a period of 14 days from the date of submission of the sureties.

With aforesaid direction and observation, the writ petition is disposed of.

However, it shall always be open for petitioner to get his vehicle released in terms of Rule 12(A) of Amended Excise

Patna High Court CWJC No.5473 of 2022 dt.10-05-2022 3/3 Rules, 2021.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2022 Transmission Date NA