Murari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9728 of 2020 ====================================================== Murari Mahto, S/o Rangila Mahto, Resident of Village-Maudah Ward no.-9 Police Station-Sahiyara District-Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Prohibition and Registration Department, Government of Bihar, Patna. 2.

The Collector Cum District Magistrate, Sitamarhi Dist.-Sitamarhi 3.

The Superintendent of Police Sitamarhi, District-Sitamarhi 4.

The Superintendent of Excise Department, Sitamarhi, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, 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 : 23-12-2020 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:- "This is an application for issuance of an appropriate writ /orders/direction to release TVS APACHE Motorcycle of the petitioner bearing

Patna High Court CWJC No.9728 of 2020 dt.23-12-2020 2/3 Registration No. BR30U 2853 Chassis No.

MD634CE68H2K59733 in his favour which was seized on 28/10/2019 by the police officer of Excise Department, Sitamarhi by registered a case as C2/669/2019 under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 and further to order for giving possession of the alleged Motorcycle to the petitioner."

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 filing of appeal.

With aforesaid observation and liberty, the writ

Patna High Court CWJC No.9728 of 2020 dt.23-12-2020 3/3 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