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2025 DAILYLAW 48068 (PAT)

Pintu Kumar v. The State of Bihar

CWJC/9393/2025 · 2025-07-25

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.9393 of 2025 ====================================================== Pintu Kumar Son of Gopal Prasad Resident of village- Imamaganj, Police Station- Mehandiya, District- Arwal. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Registration, Prohibition and Excise, Government of Bihar, Patna. 2. The Director General of Police, Govt. of Bihar, Patna. 3. The Collector/District Magistrate, District- Patna. 4. The Superintendent of Police, Arawal, District- Patna. 5. The Excise Superintendent, District- Patna. 6. The Officer-In-Charge, Bihata Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramendra Kumar Bharti For the Respondent/s : Mr.Government Pleader (16) ====================================================== 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 25-07-2025 In the instant petition, the petitioner has prayed for the following relief(s):- ( ) For issuance of an appropriate ⅰ writ/writs, order/orders, direction/directions in the nature of Mandamus and Certiorari directing the Respondent No.-3 to release the Bajaj tempo (cng model) of Eco green colour bearing Registration No. BR-01PQ4283, Chasis No. MD2B47AX4PWF87809, Engine No. AZXWPF69249, Vehicle Class-Three wheeler (tempo) commercial, in favour of the petitioner during the pendency of Bihata Police Station Patna High Court CWJC No.9393 of 2025(3) dt.25-07-2025 2/3 Case No. 1077 of 2024, dated 20/11/2024, under sections 30(A) of the Bihar Prohibition & Excise Act 2018. (ii) For issuance of any other appropriate writ/writs, order/orders, direction/directions as the fact and circumstances of the case may require and deemed fit by this Hon'ble Court may also be issued. (iii) For issuance of any appropriate writ/writs, order/orders, direction/directions commanding the respondents to grant any other relief/reliefs to which the petitioner in held entitle in the facts and circumstances of the case. 2. As on the date of filing of present petition, on 17.06.2025, confiscation proceedings has attained finality on 14.06.2025. Therefore, the petitioner has statutory remedy of invoking the appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. 3. Simultaneously, he is permitted to file application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended Sub-Rule 2 of Rule 12A in the year 2022 and 2023. If such appeal/application are filed before the concerned authority the concerned Patna High Court CWJC No.9393 of 2025(3) dt.25-07-2025 3/3 authority is hereby directed to decide the grievance of the petitioner within a reasonable period of two months from the date of receipt of such appeal/application. Ankit Kumar/- (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) U