Rajeev Ranjan Singh @ Rajiva Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8316 of 2023 ====================================================== Rajeev Ranjan Singh @ Rajiva Ranjan Singh, Son of Radha Krishna Singh, Resident of Village- Rasulpur, P.S. Dumra, District- Sitamarhi. At present Resident of Vishwanathpur Tarachand Nagar, P.S. Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, East Champaran, Motihari. 3.

The Superintendent of Police, East Champaran, Motihari. 4.

The Officer-in-Charge, Keshariya Police Station, District East Champaran, Motihari.

5.

The District Excise Superintendent, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-06-2023 The petitioner is aggrieved with the seizure of his motorcycle bearing registration no. BR-30F-9469. The petitioner contends that in fact the motorcycle was stolen and an F.I.R. was registered on 17.05.2022 which is produced as Annexure-2. The petitioner's vehicle was seized from another person on recovery of 05 litres of country made liquor.

2. The learned Government Advocate also, from the F.I.R., admits that it was another person who was driving the motorcycle at the time of seizure, who was made the accused.

Patna High Court CWJC No.8316 of 2023 dt.20-06-2023 2/2

3. We notice that Rule 12A of the Bihar Prohibition and Excise Rules, has been amended giving discretion to the District Collector to impose a minimum penalty of 10 % of insured value for release of the vehicle, especially considering the non-involvement of the vehicle owner. As such, learned counsel for the petitioner submits that he would approach the District Collector under Rule 12A of the Rules, as amended on 31.05.2023.

4. In such circumstances, we direct the petitioner to file an application within two weeks and the District Collector on receipt of the same, after hearing the petitioner, shall pass an order within three weeks therefrom.

5. Writ petition stands disposed of.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) aditya/sujit AFR/NAFR NAFR CAV DATE Uploading Date 22.06.2023.

Transmission Date