Sujeet Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7879 of 2020 ====================================================== Sujeet Kumar, Son of Basant Chaudhary @ Basant Yadav, Resident of Village Balahata, P.S. Uchkagaon, District Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Station House Officer (S.H.O.), Uchkagaon Police Station, Gopalganj. 5.

The Investigating Officer of Uchkagaon P.S. Case No. 267 of 2019, Uchkagaon Police Station, Gopalganj.

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Respondent/s :

Mr. Kumar Manish, SC 5 ====================================================== 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 : 21-09-2020 Heard the parties.

Petitioner has prayed for following relief:- "For issue of writ in nature of mandamus or any other appropriate writ(s), order(s), direction(s) to respondents to release the Mahindra KUV, chassis No.MA1VB2NACH6E89703,EngineNo.NAHZE588 86, which has been seized in connection with Uchkagaon P.S. Case No.267/19 for offences under Section 309a) of the Bihar Prohibition and Excise Act, 2018."

It has been submitted on behalf of petitioner that

Patna High Court CWJC No.7879 of 2020 dt.21-09-2020 2/2 during pendency of this writ petition, final order has been passed by the Collector, Gopalganj and vehicle has been directed to be confiscated and put on auction as such present writ petition for interim release of the seized vehicle has become infructuous.

Petitioner is granted liberty to file appeal against the order of District Collector/Confiscating Officer, Gopalganj before the appellate authority within 60 days and if any such appeal is filed, the appellate authority shall condone the delay in filing the appeal and shall decide the appeal on merit within 60 days from the date of filing of such appeal. With aforesaid observation and liberty, this writ petition is disposed of.

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