Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8025 of 2023 ====================================================== Deepak Kumar Son of Nandu Sah Resident of Village-Pato @ Tajpur, Phaksia Bharti, Ramnagra P.S.-Runnisaidpur, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Excose and Prohibition, Government of Bihar, Old Secretariat, Patna. 2.

The District Magistrate, Muzaffarpur.

3.

The Superintendent of Police, Muzaffarpur 4.

The Superintendent of Excise, Muzaffarpur.

5.

The Sub Inspector Excise Cum Investigating Officer, Excise Police Station, Muzaffarpur.

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-06-2023 The petitioner is aggrieved by seizure of his vehicle bearing Registration No. BR06PF-4342 in connection with Excise P.S. Case No. 112 of 2023 dated 14.01.2023. The learned counsel for the petitioner submits that he would avail the remedy under Rule-12A of the Bihar Prohibition and Excise Rules, 2023 by depositing the penalty imposed by the District Collector.

In such circumstances, the petition is disposed with liberty to the petitioner to approach the District Collector,

Patna High Court CWJC No.8025 of 2023(2) dt.19-06-2023 2/2 Muzaffarpur who shall consider the same and release on condition, if it does not jeopardize the public interest, the same shall be released under Rule-12A Bihar Prohibition and Excise Rules, 2023 after imposing the fine prescribed, if the vehicle has not already been auctioned.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) sharun/- U