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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19610 of 2024 ====================================================== Pintu Kumar, Son of Sri Brijmohan Sah, Resident of Village- Bhagwanpur Khajari, P.O.- Pastara, P.S.- Baligowan, District- Vaishali (Bihar). ... ... Petitioner Versus
1. The State of Bihar through the Additional Chief Secretary, Prohibition Ex- cise and Registration Department, Government of Bihar, Patna. 2. The Excise Commissioner, Prohibition Excise and Registration Department, Government of Bihar, Patna. 3. The District Magistrate, District- Saharsa. 4. The Superintendent of Excise, District- Saharsa. 5. The Superintendent of Police, District- Saharsa. 6. The Station House Officer, Bangaon P.S., District- Saharsa. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Respondent/s : Mr. Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-01-2025 In the instant petition, petitioner has prayed for the following reliefs:-
“(a) For direction upon the Respondent authorities to immediately release Maruti Suzuki Tour S CNG 1.2 L make [Engine no. K12NP1651081;
Chassis
No. MBHCZFB3SRF580668] bearing Registration No. BR-01PR-1528 which was seized in connection
Patna High Court CWJC No.19610 of 2024 dt.17-01-2025 2/3 with Bangaon P.S. Case No. 150 / 2024 registered under Section 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 (as amended from time to time). (b) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand.”
2. Petitioner contended that subject matter of vehicle is for the public purpose. Passengers/customer had booked petitioner’s vehicle from one destination to another destination. During the transit, Respondents were stated to have seized his vehicle on account of seizure of certain spirits material. If the seizure of the spirits material is from the customer of the petitioner, in that event, it is not appropriate to seize the subject matter of vehicle. 3. The concerned authority is hereby directed to release the subject matter of vehicle in favour of the petitioner, subject to payment of deposit of Rs. 50,000/- (Rs. Fifty Thousand) before the concerned authority, such deposit of the aforementioned amount is subject to outcome of confiscation
Patna High Court CWJC No.19610 of 2024 dt.17-01-2025 3/3 proceedings and other proceedings, if any.
The above exercise shall be completed within a period of 03 weeks from the date receipt of this order. 4. With the above observation, the present petition stands disposed of. manish/- (P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 21.01.2025 Transmission Date NA