Jaya Prakash @ Jai Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9211 of 2020 ====================================================== Jaya Prakash @ Jai Prakash Kumar, Son of Ram Ishwar Prasad Yadav, Resident of Village - Maliniya Madhopur, P.S. Majorganj, District - Sitamarhi, At Present - DNO 1/358, M.G.R. Nagar Mookandapalli, Housr, P.S. Krishnagiri, Distt. - Tamil Nadu - 635126. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Sitamarhi.

3.

The Superintendent of Police, Sitamarhi.

4.

The S.H.O Majorganj Police Station, Dist. - Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar, Adv.

:

Mr. Narain Singh, Adv.

For the Respondent/s :

Mr. Kumar Manish, S.C. 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 17-12-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for following reliefs:- (i) "For issuance of an appropriate writ commanding the

Patna High Court CWJC No.9211 of 2020 dt.17-12-2020 2/3 respondents to release the which motorcycle (HML Hero Glamour) of the petitioner having Registration No.

BR30R6454 bearing Chassis No.

MBLJAR024HGD31130, Engine No.

JAD6ERHGD40653 laying in the Campus of Mejarganj Police Station in the district of Sitamarhi.

(ii) Any other relief or reliefs for which the petitioner is entitled under law as on facts."

It has been submitted on behalf of counsel for the State that final order in confiscation proceeding has already been passed by the Confiscating Authority, Sitamarhi, as such, present petition for interim release of the seized vehicle has become infructuous.

The writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal against the order passed by the confiscating authority and, if any, such appeal is filed by the petitioner within eight weeks, the appellate authority shall condone the delay in filing appeal and shall decide the appeal on merit within eight weeks from the date of

Patna High Court CWJC No.9211 of 2020 dt.17-12-2020 3/3 filing of appeal.

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

(Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2021 Transmission Date NA