Shashi Kumar v. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
CR. WJC/685/2025 · 2025-05-08
Sandeep Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32344 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32344 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.685 of 2025 Arising Out of PS. Case No.-101 Year-2023 Thana- ISHUPUR BARAHAT District- Bhagalpur ====================================================== Shashi Kumar Son of Ajay Prakash Sah Resident of - Pirpainty Bazar, P.S.- Pirpainty, District - Bhagalpur. ... ... Petitioner Versus
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. Bihar
2. The Collector-cum-District Magistrate, Bhagalpur. Bihar
3. The Senior Deputy Collector, District Legal Branch, Bhagalpur. Bihar
4. The Additional Collector (Law and Order) Bhagalpur. Bihar
5. The Sub Divisional Officer, Kahalgaon, District - Bhagalpur. Bihar
6. The S.H.O., Ishipur Barahat Police Station, Ishipur Barahat, District - Bhagalpur. Bihar
7. The Supply Inspector-cum Block Supply Officer,Pirpainty,Dist- Bhagalpur Bihar ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Sharma, Advocate For the Respondent/s : S.C-.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 08-05-2025 Heard the parties.
2. By way of this application, the petitioner has prayed for the following reliefs:-
“i For issuance of writ in the nature of certiorari to quash the order dated 04.03.2025 passed by this Respondent No.2, the Collector-cum- District Magistrate, Bhagalpur, in E.C. 6A Case No.146/2023-24 by which confiscated the sale amount of seized 38 quintals of wheat and Bolero Pick up vehicle, Registered No. JH 17X-
Patna High Court CR. WJC No.685 of 2025(2) dt.08-05-2025 2/2 4339 (Engine No. TNM1F66664, Chasis No.
MA1ZU2TNKM1F48822) u/s 6(a) of E.C. Act, 1955 and directed the Respondent No. 5, Sub- Divisional Officer, Kahalgaon to sell the same on open tender. (ii) For issuance of writ in the nature of mandamus commanding and directing the Respondents epecially Respondent No.2 to release the seized Bolero Pick up vehicle having Regd. No. JH17X-4339, Seized in ishupur Barahat P.S. Case No. 101/2023 lodged on 25.07.2023 u/s 7 of E.C. Act, in favour of the petitioner as such vehicle is standing in open field of Barahat Ishupur Police Station.”
3. This application is disposed of with liberty to the petitioner to file an appeal against the confiscating order passed by the Collector, Bhagalpur. If such an appeal is filed within one month from today, the same shall be heard and decided on its merit by the Collector.
4. Till the decision of the appeal, the vehicle, in question, shall not be auction sold by the authorities.
pawan/- (Sandeep Kumar, J) U T