Anarjit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8862 of 2026 ====================================================== Anarjit Ray Son of Yaduni Raay, Resident of Village- Bhagwatpur, PostTharma, P.S- Gaighat, District- Muzaffarpur (Owner of Vehicle BR06GA7686). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

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

The Sub Divisional Officer, Jaynagar.

4.

The Block Supply Officer, Basopatti, Madhubani. 5.

The Block Marketing Officer, Basopatti, Madhubani. 6.

The SHO, Basopatti, Madhubani.

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate.

For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-06-2026 Heard the learned counsel for the parties.

2. The present writ petition has been filed for the following reliefs:- "For commanding the respondent authorities to release the Public Carrier Truck Bearing Registration No. BR 06 GA-7686 in favour of the petitioner who is the owner of the vehicle in question and said Vehicle was seized by Block Marketing Officer, Basopatti on 15.08.2025 from the premises of godown of one Ram Udgar Yadav in connection with Basopatti P.S. Case No. 191 of 2025 registered under Section 7 of the Essential Commodities Act. In this way vehicle in question has been parked in the premises of Town Police Station Causing decay of vehicle on day to day as the same has been parked in open space without any

2/4 use and in absence of any state hanger"

3. Learned counsel appearing on behalf of the petitioner has stated that under similar circumstances, this Court in CWJC No. 697 of 2022 dated 07.07.2022 and CWJC No. 7145 of 2023 dated 22.06.2023 has directed the concerned District Magistrate to release the vehicles that was seized from the petitioner therein. Learned counsel for the petitioner has stated that the petitioner is similarly situated and that the petitioner is ready to furnish adequate security/surety for the purpose of release of vehicles as per the direction of the Collector-cum-District Magistrate, Madhubani. Further, it is submitted that the confiscation proceedings are in the nature of civil proceedings and it is ultimately the sale proceeds of the confiscated property that will go into the account of the State and the petitioner is ready and willing to provide adequate securities/sureties. Therefore, the Collector-cum-District Magistrate, Madhubani may be directed to release the vehicles in favor of the petitioner, subject to any other condition that may be imposed.

4. Learned counsel appearing on behalf of the respondents has stated that as the petitioner is ready to provide adequate securities/sureties and to abide by the reasonable terms and conditions that may be imposed by the Collector-cum-

3/4 District Magistrate, Madhubani, he has no objection if this Hon'ble Court directs the Collector-cum-District Magistrate, Madhubani to release the vehicles in favor of the petitioner subject to the petitioner providing adequate securities/sureties to the extent of the value of the vehicles and also subject to the petitioner abiding by other terms and conditions that may be imposed by the Collector-cum-District Magistrate, Madhubani.

5. Having regard to the above facts and circumstances of the case and also the judgments of this Hon'ble Court referred above, this Court directs the Collector-cum-District Magistrate, Madhubani to release the vehicle seized from the petitioner in connection with Basopatti P.S. Case No. 191 of 2025 which are subject matter of the present writ petition, subject to the condition that the petitioner shall make available adequate and sufficient securities/sureties (not in cash or bank guarantee) to the satisfaction of the Collector-cum-District Magistrate, Madhubani to the extent of the value of the vehicles which may be assessed and that the petitioner undertakes to abide by any other condition that may be imposed for the purpose of future proceedings by the Collector-cum-District Magistrate, Madhubani.

6. Learned counsel for the petitioner undertakes on

4/4 instruction from the petitioner that if the vehicles are released in his favor, in course of trial he will not raise any question with respect to the seizure of the vehicles and no identification issue shall be raised in course of trial. Further, he will not claim any benefit out of this order in the pending proceedings and pursuant to the release of the vehicles in his favor.

7. Let the Collector-cum-District Magistrate, Madhubani pass an appropriate order after valuation of the vehicles and other conditions to which the petitioner would be required to abide by. Such orders be passed within two weeks from the date of receipt/communication of this order.

8. With the above directions, the present Writ Petition is allowed to the extent indicated.

(A. Abhishek Reddy, J) shakir/- U