Patna High Court
Khushboo Rani 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.1860 of 2025
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Khushboo Rani W/o Mohamad Sarfaraz Alam Resident of Vilalge-274, Road
No-13, Haroon Nagar Colony, Sector-2, P.S.-Phulwarisharif, District- Patna-
801505
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The District Magistrate-Cum-Collector, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The Officer-in-Chartge (S.H.O.), Barauli Police Station, Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the State : Mr. Sarvesh Kumar GP-24
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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
On 19.03.2025, we have passed the following order:-
"The Superintendent of Police, Gopalganj is
hereby directed to file his personal affidavit, whether
subject matter of vehicle is involved for the offence
under section 379 with reference to date of registration of
case on 07.09.2024 read with another FIR dated
09.10.2022
for the offences under Excise Act. If the
stolen vehicle is involved for the offences under the
Excise Act in that event, owner of the vehicle is entitled
to release of the subject matter of the vehicle subject to
all proceedings. In this regard, personal affidavit shall be
Patna High Court CWJC No.1860 of 2025 dt.10-04-2025
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filed on the next date of hearing as to why petitioner is
not entitled to have the benefit of release of the vehicle in
his favour.
2. Re-list this matter on 02.04.2025.”
2. Today, learned counsel for the respondents has filed
hard copy of the counter affidavit on behalf of respondent no.
3 namely, Superintendent of Police, Gopalganj. The
Superintendent of Police, Gopalganj, has not disputed that the
subject matter vehicle was stolen by some miscreants and the
same has been misused by the miscreants insofar as
committing excise offence, in this backdrop the owner of the
vehicle shall not be penalized. Therefore, the concerned
authority is hereby directed to release the subject matter
vehicle which has been seized on 09.10.2024 within a period
of one week from today.
3. For having compelled the petitioner to invoke
remedy before this Court without his any role in the excise
offence on the other hand he has registered FIR for theft of
the vehicle. Therefore, the petitioner is entitled to litigation
cost and it is quantified at Rs. 10,000/-. Cost shall be paid by
the respondents to the petitioner within a period of four weeks
from today.
Patna High Court CWJC No.1860 of 2025 dt.10-04-2025
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4. With the above observation, the writ petition stands
disposed of.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 15.04.2025 Transmission Date NA