Patna High Court
Mahendra Yadav vs The State Of Bihar on 17 January, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19128 of 2024
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Mahendra Yadav, Son of Late Hari Yadav Resident of Village- Baiju Bigha,
Police Station- Bodhgaya, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Excise Prohibition and Registration, Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate cum Collector, District- Gaya.
4. The Senior Superintendent of Police, Gaya.
5. The Sub-Divisional Police Officer, Bodhgaya.
6. The Circle Officer, Bodhgaya.
7. The S.H.O., Bodhgaya Police Station, Gaya.
8. Rahul Kumar, Son of Sidheshwar Yadav Resident of Village- Bara, Post
Office- Sahdeo Khap, P.S.- Magadh University, Bodhgaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjawal Kumar Singh, Advocate
For the Respondent/s : Mr. Sanjay Kumar, A.C. to G.P.-23
======================================================
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
Subject-matter of premises is stated to have been
seized for the alleged offences under the Excise Act and NDPS
Act. Therefore, the office objection relating to maintainability of
the petition stands overruled.
2. With the consent of learned counsels for
respective parties, the matter is taken up for final disposal.
3. The petitioner has approached this Court without
Patna High Court CWJC No.19128 of 2024 dt.17-01-2025
2/2
exhausting statutory remedy available to him under Rule 12B of
the Bihar Prohibition and Excise Rules, 2021 read with
amended sub Rule 2 of Rule 12B in the year 2022 and 2023.
Therefore, petitioner is at liberty to invoke Rule 12B of the
aforesaid Rules and file application in the prescribed format. If
such application is submitted before the competent authority,
competent authority is hereby directed to consider the
petitioner’s application and pass suitable order within a period
of two weeks from the date of receipt of such application.
4. With the above observations, the present writ
petition stands disposed of.
(P. B. Bajanthri, J)
(Sunil Dutta Mishra, J)
rakhi/-
AFR/NAFR CAV DATE N.A. Uploading Date 21.01.2025 Transmission Date
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