Amarjeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10119 of 2023 ====================================================== Amarjeet Kumar Singh Son of Late Raghaw Singh, at resident of VillageSundarpatti, Post and P.S.- Gopalganj Town, District- Gopalganj (Bihar), Pin Code-841428, M.No.7325023723.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary of Excise Department, Government of Bihar at Patna.

2.

The District Magistrate, at District- Gopalganj. 3.

The Superintendent of Excise, at District- Gopalganj. 4.

The Sub-Divisional Magistrate, at District- Gopalganj. 5.

The Police Inspector of Police Station Jadopur, at District- Gopalganj. 6.

The Investigation Officer of Police Station Jadopur, at District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Respondent/s :

Mr. Kumar Manish ( SC 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-08-2023 In the instant petition, petitioner has prayed for the following relief(s):- "(i) For that the petitioner of his said Splendor Plus Motorcycle of bearing registration No. BR-28-S-0436 was stolen at place of his college campus Gopalganj and the petitioner was also registered case against unknown person for his theft of the said Splendor Plus Motorcycle bearing Registration No.

BR-28-S-0436 and Registered Gopalganj

Patna High Court CWJC No.10119 of 2023(3) dt.08-08-2023 2/3 P.S. Case No. 29/2023 dated 10.01.2023 under Section 379 I.P.C.

(ii) for that Respondents no. 6, 7 has informed to the petitioner of his Splendor (Plus) Motorcycle has been seized in connection with Jadopur P.S.

Case No. 71 of 2023 dated 05.04.2023 under Section 414 I.P.C. and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

(iii) For that their relief it made necessary action in this circumstances of the said case."

2. Learned counsel for the petitioner submitted that subject matter of the vehicle, splendor plus motorcycle bearing Registration No. BR-28-S-0436 was seized in connection with Jadopur P.S. Case No. 71 of 2023 dated 05.04.2023. It is further submitted that petitioner's vehicle is stated to have been subject matter of the theft complaint.

3. Therefore, the concerned authority is hereby directed to take note of factual aspects of the matter and proceed to release the petitioner's vehicle within a period of two days from the date of receipt of this order.

4. Having regard to the involvement of the aforementioned motor vehicle and in the event of vehicle to be produced for the purpose of Jadopur P.S. Case No. 71 of 2023,

Patna High Court CWJC No.10119 of 2023(3) dt.08-08-2023 3/3 the petitioner is hereby directed to cooperate with the concerned officials.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) Amrendra/ramesh U