Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8055 of 2022 ====================================================== Ranjan Kumar Son of Shankar Ram @ Shiv Shankar Ram Resident of Ward No8, Village-Mir Pur, P.S.-Chairaiya, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Registration Excise and Prohibition Department, Govt. of Bihar, Patna.

3.

The District Collector, Motihari, East Champaran. 4.

The Excise Superintendent Motihari, East Champaran. 5.

The Investigating Officer of Excise Case No 377 of 2021, Raxaual SubDivision, Raxaual, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Respondent/s :

Mr.Vikash Kumar ( SC- 11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 08-07-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.8055 of 2022 dt.08-07-2022 2/3 It is submitted that 20 litres country made liquor was recovered from the motorcycle of the petitioner, which was stolen by unknown persons, for which he had instituted an FIR (Annexure-2) and his stolen vehicle was misused by miscreants for transporting illicit liquor which was seized by police on

Patna High Court CWJC No.8055 of 2022 dt.08-07-2022 3/3 24.09.2021 with illicit liquor for which FIR was instituted (Annexure-1) and for which petitioner cannot be held to be responsible.

In facts and circumstances of present case, District Magistrate/Confiscating Authority, Motihari, East Champaran is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers with respect to vehicle in question in his name and on furnishing adequate sureties to the satisfaction of District Collector/Confiscating Authority, the release shall be within a period of 14 days from the date of submission of the sureties With said observations, this writ petition is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date