Brijesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13232 of 2022 ====================================================== Brijesh Paswan S/o Gambhir Paswan, Resident of Village - Mungraha, P.S. - Manjhagarh, Dist. - Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.

3.

The Collector-cum-District Magistrate, West Champaran at Bettiah. 4.

The Superintendent of Police, West Champaran at Bettiah. 5.

The Officer-In-Charge, Nautan, Police Station, Nautan, District - West Champaran.

6.

The Investigating Officer, Nautan P.S. Case No. 347/2022, Nautan Police Station, Nautan, District - West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate 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) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 09-09-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.13232 of 2022 dt.09-09-2022 2/3 It is submitted on behalf of petitioner that he is the owner of the seized vehicle which was stolen by unknown thieves for which he had instituted an FIR (Annexure-3) and his stolen vehicle was misused by miscreants for transporting illicit

Patna High Court CWJC No.13232 of 2022 dt.09-09-2022 3/3 liquor, which was seized by police with illicit liquor for which FIR was instituted (Annexure-2) and for which petitioner cannot be held to be responsible.

In facts and circumstances of present case, District Magistrate/Confiscating Authority, West Champaran at Bettiah 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 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. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date