Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9598 of 2020 ====================================================== Sajan Kumar, Son of Arun Yadav @ Arun Kumar Yadav, Resident of Village - Kakoraha, Ward No. 7, P.O. Bagnagar, P.S. Mahalgaon, District - Araria. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Araria.

3.

The Superintendent of Police, Araria.

4.

The S.H.O., Jokihat (Mahalgaon) Police Station, District - Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Respondent/s :

Mr. Vivek Prasad G.P. 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-12-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for following relief:- "For issuance of an order/orders, writ/writs, direction/directions commanding

Patna High Court CWJC No.9598 of 2020 dt.23-12-2020 2/3 the respondents authority to release the TVS Apache Motorcycle bearing Registration No. Nil, Chassis No. MD634BE41J2F97332 and Engine No. BE4FJ2197702 belonging to the petitioner which has been seized by the police in connection with Jokihat (Mahalgaon) P.S. Case No. 169/2020 dated 28.05.2020 instituted for the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018, pending in the court of learned 2nd Addl. District & Sessions Judge-cum-Special Judge, Excise, Araria."

It has been stated on behalf of counsel for the State that final order of confiscation has been passed by the Confiscating authority, Araria, as such, present writ petition for interim release of the seized vehicle under the excise act has become infructuous.

The writ petition is disposed of with liberty to petitioner to challenge the order passed by the Confiscating authority before the appellate authority and, if any, such appeal is filed within eight weeks, the appellate authority shall condone

Patna High Court CWJC No.9598 of 2020 dt.23-12-2020 3/3 the delay in filing the appeal as the matter remain pending before this Court and shall decide the appeal on merit within eight weeks from the date of its filing.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.01.2021 Transmission Date NA