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2025 DAILYLAW 30296 (PAT)

Sanjay Yadav v. The State of Bihar

CWJC/4969/2025 · 2025-05-14

P B Bajanthri, S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4969 of 2025 ====================================================== Sanjay Yadav Son of Baldeo Yadav Resident of Village- Dayaldih Tola Chan- dar Seli, Police Station- Khaira, District-Jamui. At Present New Market Hin- dustan Cable Salanpur, West Bardhhaman,Bengal 713364. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Excise Department, Gov- ernment of Bihar, Patna. 2. The District Magistrate, Saran. 3. The Superintendent of Police, Saran. 4. The S.H.O. Sonepur Police Station, Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Advocate Mr.Kumud Kishore, Advocate For the Respondent/s : Mr.Anant Pd. Singh, SC-15 Mrs.Deepika Sharma, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 3 14-05-2025 In the instant writ petition, the petitioner has prayed for the following relief:- “(I)For issuance an appropriate writ, order or direction in the nature of Mandamus commanding the respondents to release the vehicle/Truck bearing Registration No. WB- 37E-5260 which was seized in Sonpur (Pahleja O.P.) P.S. Case No. 1118 of 2023 relates to the petitioner has been seized without proper reason. (II) To issue an appropriate writ/ order/ direction directing the respondents to take no action against vehicle during pendency of this writ application. (III) And/Or other writ/writs, order/ orders or direction/directions may be issued which the petitioner is Patna High Court CWJC No.4969 of 2025(3) dt.14-05-2025 2/2 entitled to.” 2. During pendency of the present writ petition, the concerned respondent has proceeded to complete the confiscation proceedings on 02.04.2025. Therefore, the petitioner has fresh cause of action insofar as assailing the confiscation order before the appellate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016. That apart he has remedy of filing application under Rule-12A of the Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. 3. If the both the proceedings are initiated by the petitioner, the concerned authorities are hereby directed to expedite the proceeding and complete the same within a reasonable period of three months from the date of receipt/production of a copy of this order. 4. With the aforesaid observation and direction, the writ petition stands disposed of. ranjan/- (P. B. Bajanthri, J) (S. B. Pd. Singh, J) U