Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8768 of 2022 ====================================================== Santosh Yadav @ Santosh Kumar Yadav son of Mangal Yadav, resident of Mohalla- Yogipur, Kankarbagh, Sampatchak, P.O. Lohiyanagar- 800020, P.S.- Patrakarnagar, Town and District at Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Bihar, Patna. 2.

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

The Excise Superintendent, Gopalganj, District- Gopalganj. 4.

The Station House Officer, Kuchaikat Police Station, District- Gopalganj. 5.

The Station House Officer, Kankarbagh Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Prasad, Advocate For the Respondent/s :

Mr.Vikash Kumar (S.C.11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 30-06-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.8768 of 2022 dt.30-06-2022 2/3 It is submitted that 85.59 litres of illicit liquor was recovered from the car of the petitioner, which was stolen on 26.08.2020 by some unknown persons, for which he had lodged FIR on 26.08.2020 giving rise to Patrakarnagar Police Station bearing FIR No. 502 for the offence punishable under Section 379 of IPC, and same was being used by the miscreants for transportation of illicit liquor which was seized by the police on 21.01.2022.

Patna High Court CWJC No.8768 of 2022 dt.30-06-2022 3/3 Petitioner claims to be owner of the seized vehicle and same was stolen on 26.08.2020 for which he had instituted a case as such, petitioner cannot be held to be responsible for transportation of illicit liquor.

In the facts and circumstances of the case, the District Magistrate/Confiscating officer, Gopalganj is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle which was stolen and subsequently recovered and seized by the police in excise case on production of ownership and registration papers with respect to vehicle in question and on furnishing adequate sureties to the satisfaction of District Magistrate/Confiscating Authority, Gopalganj.

With said observations and direction, this writ petition is disposed of.

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