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Patna High Court
Chintamani Sahu vs The State Of Bihar on 10 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3375 of 2025
======================================================
Chintamani Sahu, Son of Singheshwar Sahu, resident of Village Garaul
Punach ward No.5, PS Mahishi District Saharsa.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary Department of Excise and
prohibition Bihar Patna.
2. District Magistrate cum Collector Banka.
3. Superintendent of Excise Banka
4. Superintendent of Police at Banka
5. Officer-in-charge Rajoun (Nawada OP) District Banka
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the Respondent/s : Mr. Addl. Advocate General (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 10-04-2025
Counter affidavit filed on behalf of the Respondent
No.4 is is taken on record.
2. In the instant Writ petition, the petitioner has
prayed for the following reliefs:
"(i) That for issuance of appropriate
writ order or direction or writ in the nature of
Mandamus commanding the Respondent to release
the Pickup Van bearing Registration Number
BR11GA-7430 of the petitioner since the same was
Patna High Court CWJC No.3375 of 2025 dt.10-04-2025
2/4
stole by thieves for which the petitioner registered
Mahishi P.S. Case No. 342 of 2023 on 25.12.23 but
the same vehicle was recovered by the police while
transporting liquor in District Banka & the Police
registered Rajoun (Nawada OP) P.S. Case No. 103
of 2024 as such direction may kindly be given to
respondent to release the vehicle in favor of the
petitioner.
(ii) That for issuance of appropriate
writ order or direction or writ in the nature of
Mandamus commanding the Respondent to release
the Pickup Van bearing Registration Number
BR11GA-7430 of the Petitioner immediately.
(iii) That for issuance of appropriate
writ order or direction or writ in the nature of
Mandamus commanding the Respondent that
keeping the vehicle under custody of Excise
Officers for the purpose of Confiscation shall be
highly illegal since the fact in the record shows
that the vehicle of the petitioner was stole by the
unknown person against whom the petitioner
registered FIR.
Patna High Court CWJC No.3375 of 2025 dt.10-04-2025
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(iv) That any other relief or relief's to
which the petitioner be found entitled in law be
granted to them."
3. On 22.03.2025, Co-ordinate Bench has passed
the following order:
"The Superintendent of Police, Banka
is hereby directed to apprise this Court as to why
the petitioner is not entitled for release of the
subject matter of vehicle in view of the fact that
vehicle was theft and for which petitioner is stated
to have registered F.I.R. on 25.12.2023 for the
offences under Section 379 IPC. Thereafter, the
subject matter of vehicle was involved for the
offences under Excise Act, in this regard affidavit
be filed before the next date of hearing.
2. Relist this matter on 07.04.2025.
4. Thereafter, on 05.04.2025, the concerned
Authority has asked the petitioner to get release the vehicle.
Therefore, the petitioner is hereby directed to approach the
concerned Authority for release of the vehicle. If petitioner
approaches the concerned Authority, the concerned Authority is
hereby directed to release the subject matter of vehicle within a
period of one week from today. The Respondents should have
Patna High Court CWJC No.3375 of 2025 dt.10-04-2025
4/4
released the subject matter of vehicle on their own in the light of
the fact that subject matter of vehicle was involved for the
offences under Section 379 of I.P.C. for which petitioner has
registered F.I.R. read with the fact that vehicle was involved for
the offences under Excise Act in the year 2024. The petitioner
has been unnecessarily harassed and compelling the petitioner to
approach this Court in filing present Writ petition for release of
the vehicle. After the Co-ordinate Bench order dated
22.03.2025
, the concerned Respondent has realized on
05.04.2025 insofar as release of the subject matter of vehicle.
On this count, the petitioner is entitled to litigation cost and it is
quantified at Rs. 10,000/- (Rs. Ten Thousand). Cost shall be
paid to the petitioner within a period of four weeks from the
date of receipt of this order.
5. With the above observation, Writ petition stands
disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 15.04.2025 Transmission Date NA
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