Amod Kumar Yadav @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7575 of 2025 ====================================================== Amod Kumar Yadav @ Amod Kumar S/o- Barat Choudhary R/o- VillageRadhaganj Ramnagar, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Excise, Bihar, Patna. 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The S.H.O. Excise P.S., District- Gopalganj.

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

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Raghwanand GA-11 Mr. Prabhat Kumar AC to GA-11 ====================================================== 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 : 15-05-2025 None appears for the petitioner.

2. In the instant writ petition, the petitioner has prayed for the following relief(s):

"i.For directing and commanding the respondent authorities to release the Vehicle namely Hero Splendor+ motorcycle bearing Registration No.- BR28AD2368, Engine No.-HA11E8PGC08357 and Chassis No.-MBLHAW234PGC13192 in favour of the petitioner which has been seized in connection with Gopalganj Excise P.S. Case No.888 of 2024 registered on 24.11.2024 under Section 30(a) and32 of Bihar

Patna High Court CWJC No.7575 of 2025 dt.15-05-2025 2/3 Prohibition and Excise Act Amendment Act-2022. ii. For directing and commanding the respondent authorities to release the Vehicle namely Hero Splendor+ motorcycle in the favour of the petitioner on the ground that the petitioner is the owner of the said motorcycle and same is lying under open sky in the police station as nobody is there to take care of the motorcycle.

iii. For issuance of any other relief or relief(s) for which the petitioner is entitled for."

3. Learned counsel for the respondent State on instruction submitted that confiscation proceedings has attained finality on 19.02.2025. Resultantly, the petitioner has statutory remedy of appeal before the appellate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016. He has simultaneously remedy of filing application under the prescribed Format -IV for the purpose of release of the vehicle under Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.

4. If these two remedies are processed by the petitioner, the concerned authority is hereby directed to decide the appeal within a period of three months from the from the date of receipt/production of a copy of this order. Application under Rule-12A shall be decided within a period of one month from

Patna High Court CWJC No.7575 of 2025 dt.15-05-2025 3/3 the date of receipt of the application

5. With the above observation, the writ petition stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2025 Transmission Date NA