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Patna High CourtCWJC/17290/2019disposed

Md. Jamshed Khan v. The State Of Bihar

2025-03-03Mr. Justice P. B. Bajanthri,Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17290 of 2019 ====================================================== Md. Jamshed Khan, Son of Nur Hajan Khan, Resident of Naya Tola, Banagar, P.S.- Phulwari Sharif, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Collector- cum- District Magistrate Patna. 3.

The Superintendent of Excise Patna.

4.

The Superintendent of Police Patna.

5.

The Officer in- Charge of Police, Punpun Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 03-03-2025 On 19.02.2025, we have passed the following order: "None appears for the petitioner.

2. Learned counsel for the State is requested to verify the status of release of vehicle including confiscation proceedings and further proceedings like appeal and revision on the next date of hearing.

3. Re-list this matter on 27.02.2025 at the top of the list."

2. Learned counsel for the respondent-State submitted on instruction that subject matter of excise offence has not attend finality insofar as confiscation proceedings is concerned.

Patna High Court CWJC No.17290 of 2019(8) dt.03-03-2025 2/2 On the other hand, vehicle is seized and kept in official's custody.

3. In that circumstances, it was bounden duty of the official respondents to release the subject matter vehicle in favour of the concerned owner after due examination of documents relating to vehicle. If the petitioner or owner of the vehicle failed to approach them, in that event, he is hereby directed to take out newspaper publication. The above exercise shall be completed within a period of one month from the date of receipt of this order.

4. The concerned authority is hereby directed to inform this Court relating to the steps taken insofar as informing the petitioner in all modes within a period of two months.

5. With the above observation, the C.W.J.C. No. 17290 of 2019 stands disposed of.

(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) khushbu/- U