Sribhagvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11435 of 2025 ====================================================== Sribhagvan Kumar, Son of Jogindra Yadav, R/o Village-Gambhirpur, Gamhirpur, P.S.-Nautan, District-Siwan.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Officer in Charge, Sripur Police Station, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Respondents State :

Mr. Shankar Kumar Thakur, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date : 13-11-2025 Heard the learned counsel for the petitioner and learned AC to GP-27 for the State.

2. Petitioner in the present case is seeking release of the vehicle bearing registration No. BR01PH9265, Chassis No.MATTA2WGXH2G18632 and Engine No. WGH4G11844.

3. It appears that the vehicle in question has been seized and a case bearing Hathua P.S. Case No. 71 of 2025 dated 27.03.2025 has been registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. Keeping in view the statements made in Paragraph

Patna High Court CWJC No.11435 of 2025 dt.13-11-2025 2/2 '11' of the counter affidavit, wherein it is stated that the Superintendent of Police, Gopalganj has already forwarded a requisition to the Confiscation Officer, i.e., District Magistrate, Gopalganj for confiscation of the vehicle in question, we grant liberty to the petitioner to file an appropriate application for release of the vehicle in terms of the Bihar Prohibition and Excise Rules, 2021 as amended vide Amendment Rules, 2022. If any such application is filed, the District Magistrate, Gopalganj or any officer authorized by him shall pass an appropriate order thereon within a period of 30 days from the date of filing of the application.

5. The writ application stands disposed off with the liberty aforesaid.

(Rajeev Ranjan Prasad, J) (Sourendra Pandey, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.11.2025 Transmission Date NA