Jagdeesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7637 of 2022 ====================================================== Jagdeesh Thakur S/o-Late Sudama Thakur, Resident of Village-Ramgarh (Chainpur, Mobarakpur), P.S.-Siswan (Chainpur O.P.), District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise and Prohibition Department, Bihar, Patna.

2.

The Collector-Cum-District Magistrate, Siwan. 3.

The Superintendent of Police, Siwan.

4.

The Excise Superintendent of Police, Siwan.

5.

The A.S.I. of Siswan (Chaipur O.P.) Police Station, Siwan. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Pritish Ranjan, Adv For the Respondent/s :

Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 08-07-2022 Heard learned counsel for the petitioner.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.7637 of 2022 dt.08-07-2022 2/3 Allegation against driver of the seized vehicle is driving the vehicle in a rash and negligent manner in a drunken condition giving rise to Siswan (Chainpur O.P.) P.S. Case No. 304 of 2021 instituted for the offences punishable under Sections 279, 337 and 304(A) of the IPC and Section 37 (c) of Bihar Prohibition & Excise Act, 2016.

As there is no recovery of illicit liquor from the seized vehicle, same is not liable for confiscation under Section 56 of the Excise Act and bar of jurisdiction in confiscation under Section 60 of the Excise Act is not applicable and the Special Court (Excise) where the excise case is pending has jurisdiction to pass order for release of the vehicle.

The writ petition is disposed of with liberty to petitioner to file a petition under Section 451 of Cr.P.C. for release of the vehicle and the Special Court (Excise) where the excise case is

Patna High Court CWJC No.7637 of 2022 dt.08-07-2022 3/3 pending is directed to dispose of such petition within 30 days from the date of its filing.

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