Ramanuj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14256 of 2022 ====================================================== Ramanuj Prasad S/o Harihar Prasad, Resident of Village-Dihuri, P.O.-Dona, P.S.-Hisua, District-Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Divisional Commissioner, Excise Department, Patna Division, Patna. 3.

The District Collector, Nawada.

4.

The Superintendent of Police, Nawada.

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, 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 : 23-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- It is submitted on behalf of petitioner that he is the owner of the seized vehicle which was stolen by unknown thieves on 15.06.2022, for which he has lodged FIR on 15.06.2022 giving rise to Hisua P.S. Case No. 349 of 2022

Patna High Court CWJC No.14256 of 2022 dt.23-09-2022 2/2 (Annexure-3), for the offence punishable under Section 379 of IPC, and same was being used by the miscreants for transportation of illicit liquor, which was seized by police on 05.07.2022 with 11 litres of 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, Nawada 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 observation, this writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR CAV DATE Uploading Date Transmission Date