Hare Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17480 of 2024 ====================================================== Hare Krishna Yadav, S/o Late Saryug Yadav, Resident of village-Madhopur, P.O. Chainwa, P.S.-Rasulpur, District-Saran at Chapra. ... ... Petitioner.

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Excise, Govt. of Bihar, Patna. 3.

The District Magistrate- cum- Collector, East Champaran, Motihari. 4.

The Superintendent of Police, East Champaran, Motihari. 5.

The District Magistrate- cum- Collector, Saran at Chhapra. 6.

The Superintendent of Police, Saran at Chhapra. 7.

The District Transport Officer, Saran at Chhapra. 8.

Chunnu Kumar, Son of Nand Kishore Ray, Resident of Village-Amar Chhatauni, Police Station-Chhatauni, District-East Champaran. ... ... Respondents.

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

For the Petitioner :

Mr. Dhananjay Mishra, Advocate.

For the State :

Mr. Kumar Alok, SC-7.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 28-11-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

"(I). To release the vehicle (Truck) vide Registration No.UP-65BT-8611, Engine No.21G84063295, Chassis No.MAT448035C5G12097 in favour of petitioner in the light of the order passed by the Court of Learned C.J.M. East Champaran at Motihari on 27.04.2024 on the petition of

Patna High Court CWJC No.17480 of 2024 dt.28-11-2024 2/2 petitioner in Chhatauni P.S. Case No.428 of 2023. (II). Any other relief/reliefs for which the petitioner is entitled for."

2. Writ Court cannot issue any direction or set aside the judicial order passed by the Chief Judicial Magistrate, East Champaran at Motihari. The petitioner has other remedy and he has to avail the same in the light of the fact that the offence is for the theft of the vehicle.

3. No doubt, earlier the vehicle was involved in excise offence and in excise offence case, the vehicle was not seized. Therefore, with reference to theft of the vehicle case has no connection with the excise offence case in the year 2019.

4. Accordingly, the instant writ petition stands dismissed reserving liberty to the petitioner to invoke appropriate remedy and in accordance with law. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.11.2024.

Transmission Date NA