Dhruv Kumar Paswan @ Dhrup Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16700 of 2024 ====================================================== Dhruv Kumar Paswan @ Dhrup Kumar Paswan, son of Mathura Paswan, Resident of Village Hariharpur, P.S.- Tamkuhi Raj, District- Kushinagar (UP). ... ... Petitioner.

Versus

1.

The State of Bihar through Secretary Excise and Prohibition Department Gov. of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Gopalganj, Bihar.

4.

The Superintendent of Police, Gopalganj, Bihar. 5.

The Superintendent of Excise, Gopalganj, Bihar. 6.

The SHO, Gopalpur Police Station, Gopalganj, Bihar. ... ... Respondents.

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

For the Petitioner :

Mr. Sudhanshu Prakash, Advocate.

Mr. Kumar Harshvardhan, Advocate.

For the State :

Mr. Alok Ranjan, AC to AAG-5.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-10-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

i. For issuance of Writ of Certiorari quashing the order dated 16.07.2024 passed by the SDM, Gopalganj in confiscation (Excise) Case No.267/2024, whereby he has declined to release the said Motorcycle;

ii. For directing the SDM, Gopalganj to release the motorcycle bearing Registration No.UP57BL6038 for Black Sparking Blue

Patna High Court CWJC No.16700 of 2024 dt.29-10-2024 2/3 Coloured Motorcycle having, Engine No.- HA11E7PHC04829 and Chassis No.MBLHAW215PHC03246 which is lying in the Gopalpur Police Station, Gopalganj in the favour of the petitioner forthwith.

iii. For direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina Vs State of Bihar (CWJC No.7920/2023).

And/or iv. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law.

2. Learned counsel for the petitioner relied on Coordinate Bench decision dated 22.07.2024 passed in C.W.J.C. No.10776 of 2024 (Sanjay Nijhawan Versus The State of Bihar and others).

3. Accordingly, the impugned order dated 16.07.2024 passed by the SDM, Gopalganj, in Confiscation (Excise) Case No.267 of 2024 stands set aside and whatever the observation made in the aforementioned decision holds good in the present order.

4. The concerned authority is hereby directed to revisit the matter and decide the grievance of the petitioner at the

Patna High Court CWJC No.16700 of 2024 dt.29-10-2024 3/3 earliest, preferably, within a period of two months from the date of receipt of this order.

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

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.10.2024.

Transmission Date NA