Hariom Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18199 of 2025 ====================================================== Hariom Pasi Son of Santosh Pasi, Resident of Village- Rajapur Narainian, P.O- Mirganj, PS- Mirganj, Dist.- Gopalganj.

... ... Petitioner

Versus

1.

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

2.

The District Magistrate-cum-Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The S.H.O. Mirganj Police Station, District- Gopalganj. 5.

The Investigating Officer, Mirganj P.S. Case No. 114 of 2025, Mirganj Police Station, District- Gopalganj.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Dubey, Advocate For the State :

Mr. M.N.H. Khan, SC-1 Mr. Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 04-12-2025 Heard learned counsel for the petitioner and learned SC-1 for the State of Bihar.

2. The petitioner in this case is seeking a writ in the nature of Writ of Mandamus commanding the respondents to release Honda Motorcycle bearing Registration No. BR29AR9975, Engine No. JC83EG2118037, Chassis No. ME4JC835KMG054966 in favour of the petitioner.

3. It is stated that the said vehicle has been seized in connection with Mirganj P.S. Case No. 114 of 2025 dated 10.03.2025 registered for the offence under Section 30(a) of the

Patna High Court CWJC No.18199 of 2025(2) dt.04-12-2025 2/2 Bihar Prohibition and Excise (Amendment) Act, 2022. The vehicle was found carrying 72 litres of liquors.

4. Learned counsel for the petitioner submits that till date, no confiscation proceeding has been initiated.

5. Learned SC-1 for the State submits that the vehicle has been found involved in transportation of liquor, therefore, in case, the petitioner is desirous of getting release of the vehicle, he should file an application in the given format before the District Magistrate, Gopalganj (Respondent No.2) or any other officer authorised by him in connection with this matter for release of the vehicle.

6. If any such application is filed within a period of 30 days from today, the same shall be considered by the competent authority i.e. the District Magistrate, Gopalganj or any other officer authorised by him in accordance with law and appropriate order shall be passed within a period of one month from the date of filing.

7. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) (Sourendra Pandey, J) lekhi/- U