Ramesh Kumar Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5359 of 2023 ====================================================== Ramesh Kumar Shrivastava, Son of Sukath Lal, resident of village - Harkhauli, Police Station - Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Excise and Registration, Government of Bihar, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The S.H.O. Kateya P.S., Gopalganj.

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Respondent/s :

Mr. Kumar Manish ( SC-5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition arises under the Bihar Prohibition and Excise Act, (hereinafter referred to as 'the Act').The petitioner is concerned with Honda SP 125 motorcycle bearing registration No. BR-28Z-6838, Engine No. JC83EG2200916, Chassis No. ME4JC835LMG095260, which was seized on 10-10-2022, in connection with Kateya P.S. Case No. 456 of 2022, dated 10.10.2022, for the offences under Section 30(a) of the Act, found with

Patna High Court CWJC No.5359 of 2023 dt.24-04-2023 2/2 15.570 litres of foreign liquor.

3. The petitioner now seeks for release of the vehicle inquestion on payment of 50% of the insured value, as has been provided under Rule- 12 A of the Bihar Prohibition & Excise Rules, 2021 (hereinafter referred to as 'the Rules').

4. In the above circumstances, if the petitioner files an application under Rule-12A of the Rules, and if the vehicle is not already auction sold or disposed of in any manner till date, then the same shall be considered by the Confiscating Authority i.e., the District Magistrate, Gopalganj (Respondent No.2), and if directed to be released on payment of penalty, the vehicle in-question shall be released immediately, on such payment being made. (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) Shyambihari/ sumitAFR/NAFR CAV DATE Uploading Date 25-04-2023 Transmission Date