Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12478 of 2022 ====================================================== Manoj Kumar Singh Son of Late Ram Ekbal Singh Resident of Village Senubariya, P.S.-Chairaiya, Diistrict-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Bihar Prohibition and Excise, Government of Bihar, Patna. 2.

The Collector-Cum-District Magistrate, East Champaran. 3.

The Superintendent of Police, East Champaran. 4.

The Superintendent of Excise, East Champaran. 5.

The Officer In Charge, Daka Police Station, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjana Srivastava, Advocate For the Respondent/s :

Mr.Kumar Manish ( S.C. 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 02-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.12478 of 2022 dt.02-09-2022 2/3 It is submitted that 13.800 litres illicit liquor was recovered from the Motorcycle of the petitioner, which was stolen by unknown persons, for which he had instituted an FIR (Annexure-3) and his stolen vehicle was misused by miscreants for transporting illicit liquor which was seized by police on 12.03.2021 with illicit liquor for which FIR was instituted (Annexure-1) and for which petitioner cannot be held to be responsible.

In facts and circumstances of present case, District Magistrate/Confiscating Authority, East Champaran is directed to provisionally release the vehicle of petitioner after due identification of ownership of the vehicle on production of ownership and registration papers with respect to vehicle in question in his name and on furnishing adequate sureties to the satisfaction of District Collector/Confiscating Authority, the

Patna High Court CWJC No.12478 of 2022 dt.02-09-2022 3/3 release shall be within a period of 14 days from the date of submission of the sureties With said observations, this writ petition is disposed of.

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