Pankaj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12365 of 2025 ====================================================== Pankaj Tiwari, Son of Jay Prakash Tiwari, Resident of Village- Budhawara, P.S.- Doharighat, District Mau (U.P) At Present R/o Mohalla Nava Pura Ahirauli, PS Doharighat, District Mau (U.P).

... ... Petitioner

Versus

1.

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

2.

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

3.

The Excise Commissioner, Prohibition Excise and Registration Department, Govt. of Bihar, Patna.

4.

The District Magistrate, Bhojpur at Ara.

5.

The Additional District Magistrate, Bhojpur at Ara. 6.

The Senior Superintendent of Police, Bhojpur at Ara. 7.

The S.H.O of Udwantnagar Police Station, Bhojpur at Ara. 8.

The Investigating Officer of Udwantnagar, PS Case No 69/25 PS Udwant Nagar (Gajrajganj O.P).

9.

The Prabhari (O.P Gajrajganj), Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate Mr.Ravi Shankar Pathak, Advocate For the Respondent/s :

Mr.Ravish Chandra, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-08-2025 In the instant petition, petitioner has prayed for the following relief(s):- (I) For issuance of writ in the nature of Mandamus directing the respondents to release

Patna High Court CWJC No.12365 of 2025 dt.08-08-2025 2/3 of the vehicle bearing Registration No. UP 53DR 9991, Chassis No. MALPC 813LLM061381 Eng.

No. D4FALM071983 in favour of the petitioner which is seized by the respondent police Officials in Connection with Udwantnagar P.S. Case No. 69/2025 dated 9.2.2025 registered for the offence U/S 30(a), 32(B) Bihar Prohibition and Excise Act which is pending in the court of learned Exclusive Special Excise Court II Bhojpur at Ara.

(II) For issuance of any other appropriate writ direction for which the petitioner is other wise entitled in the eye of law."

2. Perusal of the seizure material, it is evident that there is not even drop of liquor has been seized from the petitioner's vehicle bearing Registration No. UP 53DR 9991, Chassis No. MALPC 813LLM061381 Eng. No.

D4FALM071983. On the other hand, it was recovered from Tata ARIA vehicle bearing Registration No. UP66K-2450, Chassis No.

MAT614007BRP03010, Engine No.

22LDICOR09NYYJ24559.

3. Therefore, prima facie Respondents have

Patna High Court CWJC No.12365 of 2025 dt.08-08-2025 3/3 unnecessarily seized the petitioner's vehicle is involved for the offences under the Excise Act. Consequently, the concerned Respondent Police / Excise Officials are hereby directed to release the petitioner's vehicle bearing Registration No. UP 53DR 9991, after verification of the records, within a period of two weeks from today, failing which petitioner is entitled to litigation cost and it is quantified at Rs. 10,000/- (Rs. Ten Thousand). Copy of this order shall be made available to the learned counsel for the State.

4. With the above observation, the present Writ petition stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.08.2025 Transmission Date NA