Dukha Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2419 of 2021 ====================================================== DUKHA MAHTO Son of Vilash Mahto Resident of Village- Rohua, Ward No. 1, Kohbarwa, Police Station- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar though the Principal Secretary, Excise Department, Govt. of Bihar 2.

The Collector, Sitamarhi 3.

The Excise Superintendent Sitamarhi 4.

The Motor Vehicle Inspector, Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Madhubala Verma, Adv 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) Date : 26-03-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "That by this writ application, the petitioner crave indulgence of this Hon'ble Court for a direction to release the motorcycle of the petitioner bearing Registration No. BR30U 4116 and Chasis No. ME4JC65ACJT038016 seized in connection with Sitamarhi Excise Case No. C2 337/2020 registered under section 30(A) of Excise Act, 2016." It is submitted by learned counsel for the State that final order has been passed by the Confiscating Authority, as such present application for interim release of the seized vehicle during pendency of confiscation proceeding has become

Patna High Court CWJC No.2419 of 2021 dt.26-03-2021 2/2 infructuous.

The writ petition is disposed of with liberty to petitioner to file appeal against the order passed by the Confiscating Authority and if any such appeal is filed within 4 weeks, the Appellate Authority shall condone the delay in filing appeal and shall decide the appeal on its own merit within 8 weeks from the date of filing of such appeal.

During pendency of appeal, the 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) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.04.2021 Transmission Date NA