Kamesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19720 of 2021 ====================================================== Kamesh Kumar Son of Fekan Paswan Resident of Village Sursand, Ward No. 9, P.S. Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Commissioner, Excise, Bihar, Patna.

4.

The Director General of Police, Bihar, Patna. 5.

The Collector-cum District Magistrate, Sitamarhi. 6.

The Superintendent of Police, Sitamarhi.

7.

The Excise Superintendent, Sitamarhi.

8.

The S.H.O, Sonbarsa, District Sitamarhi.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Dr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-05-2022 Petitioner has prayed for the following relief(s): "For setting aside the order dated 12/04/2021 passed by the learned Collector, Sitamarhi ex-parte in Confiscation (Excise) Case No. 184/2020 in connection with C2 Case No. 33 of 2020 offence under section 30(A) of Bihar Prohibition & Excise Act, 2016 whereby and where under the Hero Glamour Motorcycle bearing its registration No. BR30V-1271 was seized by SSB Jawans due to recovery of total 36 litter Nepali Saufi wine from the said motorcycle and Motorcycle of the Petitioner has been confiscated and for further

Patna High Court CWJC No.19720 of 2021(3) dt.12-05-2022 2/2 direction to the respondent authorities to release the Hero Glamour Motorcycle bearing its registration No. BR30V-1271 as the Petitioner is the sole owner of this Vehicle."

On 04.04.2022, we had passed the following order: "On previous occasion, when the matter was taken up, none appeared for the petitioner. As such, the matter was passed over.

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner. However, in the interest of justice, matter is adjourned.

List this case on 18.04.2022 in the category of "Special Matters"."

Even today, despite repeated calls and pass over, none has entered appearance on behalf of the petitioner. Learned counsel for the respondent/s is/are present. Petition is dismissed for default.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U