Rajeev Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9003 of 2022 ====================================================== Rajeev Kumar Choudhary Son of Sri Upendra Choudhary, resident of VillageKailash Nagar, P.S.- Ranchi, District- Ranchi (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition, Government of Bihar, Patna.

2.

The Commissioner, Excise, Government of Bihar, Patna. 3.

The District Magistrate-cum- Collector, Purnea. 4.

The Superintendent of Police, Purnea.

5.

The Superintendent, Excise, Purnea.

6.

The Sub- Inspector, Sadar, Purnea.

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate 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 : 08-07-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.9003 of 2022 dt.08-07-2022 2/3 Allegation is recovery of 128.250 litres of illicit liquor from the bus of the petitioner.

Petitioner claims to be owner of the seized bus which is a passenger bus and he had no information that illicit liquor

Patna High Court CWJC No.9003 of 2022 dt.08-07-2022 3/3 were kept in the bus.

In facts and circumstances of present case, the District Magistrate/Confiscating Authority, Purnea is directed to provisionally release the seized bus in favour of the petitioner, on submitting the ownership and registration document of the bus and on furnishing bank guarantee of the half of the value as indicated in the insurance document of the bus and further furnishing and undertaking that no 3rd party right will be created on the bus during pendency of confiscation proceeding. The release of the bus shall be allowed within a period of 14 days from the date of furnishing of bank guarantee and the undertaking as stated above, which would however be subject to final outcome of the confiscation proceeding With aforesaid observations and direction the writ petition is disposed of.

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