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Patna High CourtCWJC/17541/2022disposed

Sunil Tiwari v. The State Of Bihar

2023-02-02The Chief Justice -,Mr. Justice Partha Sarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17541 of 2022 ====================================================== Sunil Tiwari Son of Late Kashinath Tiwari, Resident of Village Darwan, Police Station Isuapur, District Saran at Chapra, At present residing at Village - Pahadpur, Police Station Baikunthpur, District - Gopalganj. . ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary Excise, Government of Bihar, Patna. 3.

The District Magistrate, Siwan.

4.

The Superintendent of Police, Siwan.

5.

The Excise Superintendent, District Siwan.

6.

The Sub Divisional Officer, Maharajganj, District - Siwan. 7.

The Officer In charge, Police Station Goriya Kothi, District - Siwan. 8.

The Investigating Officer, Police Station Goriya Kothi, District - Siwan. 9.

The Superintendent of Police, Gopalganj.

10.

The Officer In charge, Police Station Baikunthpur, District - Gopalganj. 11.

The Investigating Officer, Police Station Baikunthpur, District - Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Yadav, Advocate For the Respondent/s :

Mr.Vivek Prasad GP- 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-02-2023 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4 It is submitted that 100 ml of illicit liquor was recovered from the motorcycle of petitioner which was stolen for which he had instituted an FIR giving rise to Baikunthpur

3/4 P.S Case No. 146 of 2021 dated 17.05.2021 registered u/s. 379 of the I.P.C. and his stolen vehicle was misused by miscreants for transporting illicit liquor which was seized by police on 13.11.2021 giving rise to Goriya Kothi P.S. Case No. 205/2021 registered u/s. 30(a) of Bihar Prohibition and Excise Amendment Act, 2018, and he is not responsible of being indulged in carrying illicit liquor in his vehicle as same was stolen for which he had already instituted an FIR, for which petitioner cannot be held to be responsible.

In facts and circumstances of present case, District Magistrate/Confiscating Authority concerned 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 upon furnishing adequate sureties to the satisfaction of the concerned District Magistrate/Confiscating Officer. The release shall be allowed within a period of 14 days from the date of submission of the sureties.

With aforesaid direction and observation, the writ petition is disposed of.

However, it shall always be open for petitioner to get his vehicle released in terms of Rule 12(A) of Amended Excise

4/4 Rules, 2021.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Rajiv/-Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date