IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15713 of 2025 ====================================================== Nawab Singh, S/o Kartar Singh, R/o Green City, Phase-1, Nilpur, P.S.- Rajpura, District- Patiala (Punjab)-140401. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Department, Bihar, Patna. 2. The District Magistrate, Bhojpur at Ara. 3. The Superintendent of Excise, Bhojpur at Ara. 4. The Senior Superintendent of Police, Bhojpur at Ara. 5. The Officer in charge, Shahpur P.S., District- Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the State : Mr. AC to GP- 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 2 17-11-2025 Heard learned counsel for the petitioner and learned AC to GP-18 for the State of Bihar. 2. Petitioner in this case is seeking a writ in the nature of Writ of Mandamus commanding the respondents to release the goods i.e. 250 cycles and tyre in favour of the petitioner. 3. It appears from the reading of the writ application that one M/S Patiala Logistics, Rajpura is the owner of the cycles and the cycle parts. 4. Learned counsel for the petitioner submits that the partners of M/S Patiala Logistics, Rajpura have executed a Patna High Court CWJC No.15713 of 2025(2) dt.17-11-2025 2/3 special power of attorney in favour of the petitioner being the transporter to get released the goods which were loaded on the truck and were being transported under the invoice to one M/S Usha Udyog, Krishnanagar, West Bengal. 5. A counter affidavit has been filed on behalf of the respondents. It is stated that for the seized cycles and tyres, no confiscation proceeding has been initiated and the Station House Officer, Sahpur reported that the petitioner never approached Sahpur Police for release of the seized articles, nor order for release by the competent Court has been received. 6. In the aforesaid view of the matter, having noticed the stand of the respondents, we direct the petitioner to approach the learned Court of Jurisdictional Magistrate with an appropriate application for release of the goods. The Investigating Officer of the case must file the seizure list of the goods in the Court of the learned Jurisdictional Magistrate. On receipt of such application for release of the goods, the learned Court shall pass an appropriate order for release of the goods i.e. cycles and the tyres after being satisfied with the documents of ownership and consignments. Such order shall be passed by the learned Magistrate within a period of two weeks from the date of receipt of a copy of this order and filing of the application by Patna High Court CWJC No.15713 of 2025(2) dt.17-11-2025 3/3 and on behalf of the petitioner. 7. This writ application stand disposed of, accordingly. ramesh/- (Rajeev Ranjan Prasad, J) (Jitendra Kumar, J) U