Udesh Rai v. The State Of Bihar Through The Principal Secretary, Excise, K.K. Pathak

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2064 of 2022 In Civil Writ Jurisdiction Case No.5906 of 2022 ====================================================== Udesh Rai S/o Suraj Rai, Resident of Village - Baikatpur, Near Bamboo Tal Chauraha, P.S. - Khusrupur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise, K.K. Pathak Patna BIHAR.

2.

Chandrasekhar, the District Magistrate, Patna. 3.

Shivnanrayan Singh, the Excise Commissioner, Patna. 4.

Chandra Bhanu Kumar, the Station House Officer, Khusrupur Station, District - Patna.

5.

Rajeev Kumar Lal, the Station House Officer, Singhaul Police Station, District - Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Kumar Pankaj, AC to SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 15-03-2024 The present MJC / contempt application is filed for non-compliance of the order dated 10.05.2022 passed in CWJC No. 5906 of 2022. This Court has observed that District Magistrate/Confiscating Officer concerned has to provisionally release the subject matter of motor vehicle after complying certain conditions namely submission of sureties and other formalities as narrated in page Nos. 3 and 4 of the order dated 10.05.2022 passed in CWJC No. 5906 of 2022.

Patna High Court MJC No.2064 of 2022(4) dt.15-03-2024 2/2

2. Perusal of the Annexure - 2 dated 13.08.2022, which has been submitted after three months from the order dated 10.05.2022, it does not speak of any production of sureties and other things for the purpose of provisionally releasing the subject matter of motor vehicle. Therefore, the petitioner has not made out a case so as to initiate contempt of court proceedings.

3. Accordingly, present MJC / contempt application stands dropped.

4. At this stage, learned counsel for the petitioner keep on arguing the matter that he has submitted representation. The same is hereby rejected.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./- U