Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9979 of 2021 ====================================================== Rohit Kumar Son of Bishnudev Yadav, resident of Village Parri, P.S. Alouli, District - Khagaria.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Excise Department, Government of Bihar, Patna. 3.

The District Magistrate, Khagaria.

4.

The Superintendent of Police, Khagaria.

5.

The Thana In Charge, Alouli, Police Station Alouli, District - Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Respondent/s :

Mr. Kumar Manish ( Sc5 ) ====================================================== 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 : 06-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "For giving order/ orders, direction/ directions commanding the respondents to release the motor cycle bearing registration No.

BR34C9889, Chassis No.ME4KC209DJ8032874, Engine No. KC 2 OE81055892 which has been seized by Thana Adhyaksh of Alouli police station, Khagaria and the same is lying in the campus of Alouli police station in connection with Alouli P.S. Case No. 398 of 2019 for the offences registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018."

Patna High Court CWJC No.9979 of 2021 dt.06-07-2021 2/2 It has been submitted by learned counsel for the State that during pendency of this writ petition, final order has been passed by the confiscating authority on 25.06.2021, 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 4 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. 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 08.07.2021 Transmission Date NA