Arun Kumar Jha, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18871 of 2019 ====================================================== Arun Kumar Jha (Male) aged about 35 years,, Son of Late Ramdeo Jha, Resident of Mohalla- C/o Nalini Ranjan, Rajeev Nagar, Road No. 24, P.S.- Rajeev Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Sitamarhi, District- Sitamarhi. 3.

The Superintendent of Police, Sitamarhi, District- Sitamarhi. 4.

The Inspector, Excise, Task Force, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Singh For the Respondent/s :

Mr.Vikash Kumar ( Sc11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) Date : 16-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks release of his 4-wheeler i.e. Tata Tiago XZ Car, bearing Registration No. BR01ED-7122, which was seized in connection with a case i.e. C2-505 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.18871 of 2019 dt.16-12-2019 2/3 It is submitted on behalf of the petitioner that petitioner has no knowledge about initiation of confiscation proceeding since no notice has been received by the petitioner. On being asked, the learned counsel of the State submits that he is not in a position to say as to whether confiscation proceeding has been initiated or not and therefore he will seek a report from the concerned District Collector about the initiation of confiscation proceeding.

Patna High Court CWJC No.18871 of 2019 dt.16-12-2019 3/3 question before the court below on the execution of bond of Rs. 5,00,000/- within two weeks from the date of receipt of report of District Magistrate, with the condition that the petitioner shall not transfer or alienate the said vehicle without prior permission of the concerned Court and shall produce the aforesaid vehicle whenever and wherever it is required by the Court till final disposal of the confiscation proceedings.

Furthermore, it is made clear that if the confiscation proceeding has been initiated in respect of the seized vehicle, the concerned District Collector shall initiate the confiscation proceedings and conclude the same within 60 days from the date of receipt/production of a copy of this order. Writ petition stands disposed of with the aforesaid directions.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) anay/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.12.2019 Transmission Date N/A