Dolly v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.93 of 2023 ====================================================== Dolly, daughter of Ghanshyam Prasad Singh, resident of Mohalla S.D.O. Road, Near S.P. Kothi, P.S.- Town, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Excise Department, Government of Bihar, Patna. 3.

The Collector-cum- District Magistrate, Vaishali. 4.

District Transport Officer, Hajipur Vaishali. 5.

The Excise Superintendent, Vaishali.

6.

S.H.O. of Hajipur Sadar Police Station, Vaishali. 7.

Investigating Officer Hajipur Sadar P.S. Case No. 815/2021. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate Ms. Bela Singh, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== 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):- "

Patna High Court CWJC No.93 of 2023 dt.02-02-2023 2/3 "

Vaishali Sadar Police Station Case No. 815/21 dated 14.09.2021 stands registered under Sections 279/427 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Amendment Act, 2018.

It is the common case of the parties that the vehicle was not seized in terms of and under the provisions of the Bihar Prohibition and Excise Amendment Act, 2018 but under the provisions of the Indian Penal Code.

In this view of the matter, the petitioner has to move an application before the appropriate Court for seeking release of the vehicle.

We expect the concerned court to positively decide

Patna High Court CWJC No.93 of 2023 dt.02-02-2023 3/3 the application in accordance with law expeditiously and preferably within a period of four weeks from the date of its presentation.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 03.02.2023 Transmission Date