Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17918 of 2024 ====================================================== Nishant Kumar Son of Anant Singh Resident of Village- Madrauni Police Station Rangra, O.P.-District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police, Bihar, Patna. 2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The Execise Superintendent, Bhagalpur.

5.

The Senior Superintendent of Police, Bhagalpur. 6.

The S.H.O. Gopalpur Rangra O.P. District-Bhagalpur. 7.

Superintendent of Police Naugachia, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Manoj Kumar For the Respondent/s :

Mr. Standing Counsel (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 16-12-2024 In the instant petition, the petitioner has prayed for the following reliefs:- "That the petitioner by invoking extra-ordinary writ jurisdiction of this Hon'ble Court seeks indulgence and prays for issuance of an appropriate writ/order/direction commanding upon the concerned Respondents specially respondent no. 6 the S.H.O. gopalpur Rangra O.P. to release the vehicle bearing Registration No.

Br-10AG-4371 (white colour) which has been seized in connection with Gopalpur (Rangra) P.S. Case No. 393/2023 in favour of the petitioner and also to quash the order dated 02.09.2024 passed by Ixth Additional District and Sessions Judge-cum-Special Judge, Excise-I, Bhagalpur in Gopalpur (Rangra) P.S. Case No. 393/2023 by which prayer for release of said vehicle in favour of the petitioner has been rejected on the

Patna High Court CWJC No.17918 of 2024(4) dt.16-12-2024 2/2 ground that same is not maintainable contained in Annexure-3."

2. Respondents have filed counter affidavit in which they have stated that the subject matter vehicle has been released in favour of the petitioner. It is undisputed fact that no liquor has been seized from the subject matter vehicle on the other hand they have unnecessarily registered case for the offences under Excise Act. Thus, the petitioner has been harassed from 25.08.2023 till release of the subject matter vehicle and so also compelling him to file the present petition and undergone mental hardship.

3. Resultantly, petitioner is entitled to cost of the present litigation and it is quantified at Rs. 25,000/- (Rupees twenty five thousand). The cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of the copy of this order. The cost shall be recovered from such of those erring officials after holding departmental enquiry and in accordance with law.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Ankit Kumar/- U