Manoj Kumar v. The State Of Bihar Through Inspector General Of Excise, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2705 of 2017 Arising Out of PS. Case No.-155 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Manoj Kumar Son of Late Basant Prasad Resident of Village - Adalpur, P.S. Barachatti, District - Gaya.

... ... Petitioner

Versus

1.

The State Of Bihar through Inspector General Of Excise, Patna and Ors 2.

The District Magistrate cum Collector, Gaya.

3.

The Superintendent of Excise, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Nikhilesh Kumar, Advocate For the Respondent/s :

Mr. Rewti Raman Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2023 Heard the parties.

None appears for the petitioner.

It has been submitted by learned counsel for the State that pursuant to the order of this Court vehicle in question has been released in favour of the petitioner and in view of judgment of this Court rendered in the case of Suman Kumar Sinha vs. State of Bihar and Ors. reported in 1995 (1) PLJR 213 the petitioner should challenge the confiscation case in an appropriate proceeding.

Considering the above, this writ application is disposed of with a liberty to the petitioner to file appropriate application before appropriate authority/Court/Forum. It is made clear that release of the vehicle of the

Patna High Court CR. WJC No.2705 of 2017(7) dt.20-02-2023 2/2 petitioner shall not be disturbed by the respondent authorities on account of disposal of this case.

(Sandeep Kumar, J) pawan/- U T