Sujeet Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11519 of 2024 ====================================================== Sujeet Kumar Thakur son of Shankar Thakur Resident of Village- Rajabhar, Police Station- Town, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate ,Gopalganj 2.

The Superintendent of Police District, Gopalganj 3.

The officer-in-charge, Vishambharpur Police Station, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kr Mishra For the Respondent/s :

Mr. Mujkabaul Haque, GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 12-08-2024 In the instant petition, petitioner has prayed for the following reliefs:- (i)For release the motorcycle of petitioner Hero Spelndor Motorcycle bearing Reg No BR05AW 2542, Chasis No.

MBLHAW126KB5230, Engine No.

NoHA11EYNHK65102 Seized in connection with Vishampur Police Station Case No. 38 of 2024 in favour of the petitioner.

(ii) For any other relief/reliefs for which petitioner is found entitled in the facts and circumstances of this case.

2. In support of aforementioned relief, there is no demand before the competent authority in particularly under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with

Patna High Court CWJC No.11519 of 2024 dt.12-08-2024 2/2 amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.

3. In the absence of demand before the competent authority, the present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present petition stands disposed of as pre-mature.

4. Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy under Rule 12 A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass speaking order within a period of two weeks from the date of receipt of such application.

5. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.08.2024 Transmission Date NA