Rajesh Kumar Sharma @ Rajesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13643 of 2024 ====================================================== Rajesh Kumar Sharma @ Rajesh Sharma, Son of Rajendra Sharma, Residents of Village- Pakri, P.S.- Barharia, District- Siwan. ... ... Petitioner.

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Excise Commissioner, Bihar, Patna.

4.

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

The District Magistrate/Collector, Gopalganj. 6.

The Superintendent of Police, Gopalganj.

7.

The Excise Superintendent of Police, District- Gopalganj. 8.

The Officer-in-Charge of Bhore Police Station, District- Gopalganj. 9.

The Investigating Officer of Bhore P.S. Case No.- 90/2024 dated11.04.2024, Bhore Police Station, District- Gopalganj. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Javed Aslam, Advocate.

For the State :

Mr. Standing Counsel- 23.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 13-09-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

"(A) A writ in the nature of mandamus or any other appropriate writ/writs, order/ orders, direction commanding the respondents for the following:- (i) To release the Honda SP-125 Motorcycle bearing Registration No.BR29AS-8022,

Patna High Court CWJC No.13643 of 2024 dt.13-09-2024 2/3 Chassis No.ME4JC83CMMG013345, Engine No.JC83EG2215061, in favour of the petitioner, which was seized in connection with Bhore P.S. Case No.90/2024 dated 11.04.2024 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.

(A) To any other relief/reliefs for which the petitioner found entitled to."

2. The petitioner has already invoked remedy of filing application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 along with amended sub Rule 2 of Rule 12A in the year 2022 and 2023 as is evident from Annexure-3 dated 05.02.2024. Therefore, the concerned authority is hereby directed to decide the petitioner's application within a period of one week from the date of receipt of this order.

3. Accordingly, the instant writ petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA

Patna High Court CWJC No.13643 of 2024 dt.13-09-2024 3/3 Uploading Date 13.09.2024.

Transmission Date NA