Bulet Kumar @ Bullet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8308 of 2023 ====================================================== Bulet Kumar @ Bullet Kumar Yadav Son of Vidharthi Yadav R/o VillageSareya Ahir Tola Ward No.2, P.S.-Paharpur, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Excise Department, Government of Bihar, Patna.

2.

The Director General of Police, Government of Bihar, Patna. 3.

The District Magistrate-Cum-Collector, East Champaran at Motihari. 4.

The Superintendent of Police, East Champaran at Motihari. 5.

The Station House Officer, Paharpur, Police Station, District-East Champaran at Motihari.

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate Mr.Shambhu Narayan Singh, Advocate Mr. Abhishek Kumar, Advocate For the Respondent/s :

Mr.Kumar Manish, SC 5 ====================================================== 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 on account of recovery of 720 ml liquor from the motorcycle bearing Registration No. BR-22BA-7592. The FIR being Paharpur P.S.Case No. 157 of 2023, was registered on 01.05.2023.

The petitioner submits that he was ready and willing to pay the amount as per the amended Rule 12A of the

Patna High Court CWJC No.8308 of 2023 dt.20-06-2023 2/2 Bihar Prohibition and Excise Rules, 2021 but, however, the District Collector insisted that 50% of the insured value of the vehicle has to be paid.

We see from the amendment made as on 31.05.2023 that the minimum amount of penalty has been reduced from 50% to 10%. In such circumstances, we direct the District Collector to consider the application of the petitioner, if one is filed under Rule 12A, based on the amended provisions and pass orders positively within two weeks from the date of filing of an application, after hearing the petitioner. The writ petition stands disposed of.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 23.06.2023 Transmission Date