Ashok Choudhary, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14597 of 2021 ====================================================== Ashok Choudhary, son of Late Laxmi Narayan Choudhary, resident of Ward No. 8, Near Ram Janki Mandir, Ekmi Ghat, P.S. Bahadurpur, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Secretary Home (Police), Department of Bihar, Patna.

2.

The Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The District Magistrate, Darbhanga.

4.

The Director General of Police, Bihar, Patna. 5.

The Superintendent of Police, Bhojpur.

6.

The S.H.O. Bahadurpur, Police Station, District - Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Narayan For the Respondent/s :

Mr. Vikash Kumar (Sc-11) ====================================================== 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 : 13-09-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That this writ petition is being filed for issuance of writ of appropriate nature, order or direction quashing/setting aside the order of Commissioner Excise Bihar, Patna dated 18.06.2021 passed in Excise Appeal Case no. 313/2021 (Ashok Kumar Choudhary vs

Patna High Court CWJC No.14597 of 2021 dt.13-09-2021 2/3 Collector Darbhanga & Ors) affirming confiscation order of the Collector Darbhanga dt. 18.12.2020 passed in Confiscation case no. 209/2020 (Arising out of Bahadurpur P.S Case no. 134/2020), confiscating petitioner's Blue and white color Apache Motorcycle bearing Registration No. BR07AK-7634, Chassis No. MD637CE77K2100800, Engine No. CE7LK2300834 seized by the respondents.

The petitioner also prays for consequential orders for quashing of the order of the Collector Darbhanga dt.18.12.2020 passed in Confiscation case no. 209/2020(Arising out of Bahadurpur P.S. Case no. 134/2020); and for issuance of writ of appropriate nature commanding respondents to release the Blue and white color Apache Motorcycle bearing Registration No.- BR07AK-7634, Chassis No. MD637CE77K2100800, Engine No. CE7LK2300834 seized by the respondents in connection with Excise Case No. 209/2020 arising out of Bahadurpur P.S. case No. 134/2020 for the alleged offences under section 30(a) of the Bihar Prohibition and Excise Act, 2016; The petitioner also prays for issuance of other appropriate writ/writs, direction/directions, order/orders in the facts and circumstances of this case."

Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate

Patna High Court CWJC No.14597 of 2021 dt.13-09-2021 3/3 order, as such, liberty is granted to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 4 weeks, then Revisional Authority shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit. During pendency of revision petition, confiscated vehicle shall not be auction sold, if not already auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Shageer/- AFR/NAFR CAV DATE Uploading Date 17/09/2021 Transmission Date