Prabha Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5436 of 2025 ====================================================== Prabha Shankar Singh Son of Abhay Singh, Resident of Rivilganj, P.S.- Rivilganj, Dist- Saran. At present- H/O Saroj Kumar M.I.G- 120, Hanuman Nagar Kannkar Bagh, Patna Bihar 800020.

... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Station House Officer, Kadamkuan, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate For the Respondent/s :

Mr.Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-04-2025 In the instant writ petition, the petitioner has prayed for the following relief(s):- "I. For direction to respondent to release of vehicle Hero Splendor Plus bearing Registration No. BR-01FM3289 Chassis No. MBLHAW116MHL80866 seized in connection with Kadamkuan P.S. Case No. 89 of 2025 registered for the offence 30(A)/37 of Bihar Prohibition and Excise Act.

II. For any other relief's for which the petitioner is found entitle in the fact and circumstances of the case and/or the sake of justice."

2. Learned counsel for the petitioner has submitted that the concerned officials have recovered 360 ml of illicit liquor

Patna High Court CWJC No.5436 of 2025 dt.17-04-2025 2/2 from his person while driving the subject matter vehicle.

3. Having regard to the facts of the case that meagre recovery of 360 ml of illicit liquor, the petitioner shall not be subjected to multiple proceedings like confiscation, appeal, revision and writ petition.

4. We are invoking extraordinary jurisdiction under Article 226 of the Constitution of India to give quietus to the litigation while directing the petitioner to pay penalty of Rs. 10,000/-. On remitting Rs. 10,000/- in the concerned Treasury, petitioner is requested to approach the concerned authority for the purpose of release of the subject matter vehicle. The concerned authority shall release the subject matter vehicle within a period of three days from today.

5. With the aforesaid observation and direction, CWJC No. 5436 of 2025 stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.04.2025 Transmission Date NA