Patna High Court – Orders
Maheshwar Kumar @ Maheshwar Prasad 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.3812 of 2025
======================================================
Maheshwar Kumar @ Maheshwar Prasad S/o Munshi Prasad, R/o Village-
Jamuhar, P.O.- Mumuar, P.S.- Mohanpur, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Prohibition, Excise and
Registration Department, Govt. of Bihar, Patna.
2. The Additional Secretary Prohibition, Excise and Registration Department,
Govt. of Bihar, Patna.
3. The Excise Commissioner, Prohibition, Excise and Registration Department,
Govt. of Bihar, Patna.
4. The District Magistrate, Gaya.
5. The Additional District Magistrate, Gaya.
6. The Senior Superintendent of Police, Gaya.
7. The S.H.O, Bahera, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Adv.
For the Respondent/s : Mr. Anil Kumar Verma, (AC to AAG 9)
======================================================
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 10-04-2025
In the instant Writ petition, petitioner has
prayed for following reliefs:-
“(i) For issuance of writ in the
nature of certiorari for quashing of
order dated 19.09.2024 passed in
Patna High Court CWJC No.3812 of 2025(3) dt.10-04-2025
2/4criminal miscellaneous case No. 284 of
2024 arising out of Bahera P.S. Case
no. 35/2024 registered u/s 147, 148,
149, 341, 323, 324, 325, 326, 307,
332, 333, 353, 414, 468, 467 of IPC
and 27 of arms act as well as section
30(a), 41, 45 of the Bihar Prohibition
and Excise Act 2016 passed by learned
Exclusive Excise Court No. 5, Gaya,
whereby and where under motorcycle
(Hero Passion) bearing registration No.
JH02AG7623, Chassis No.
MBLHA10BJFHB36273, Engine No.
HA10ETFHB61013 of petitioner has not
been released and his application for
release of vehicle has been dismissed.
(ii) For issuance of writ in the
nature of mandamus directing the
respondents to release motorcycle
(Hero Passion) bearing registration No.
JH02AG7623, Chassis No.
MBLHA10BJFHB36273, Engine No.
HA10ETFHB61013 in favour of the
petitioner forthwith which has been
seized by the respondent police officials
in connection with Bahera P.S. case No.
35/2024 registered u/s 147, 148, 149,
341, 323, 324, 325, 326, 307, 332,
333, 353, 414, 468, 467 of IPC and 27
Patna High Court CWJC No.3812 of 2025(3) dt.10-04-2025
3/4of arms act as well as section 30(a), 41,
45 of the Bihar Prohibition and Excise
Act 2016 is pending in the court of
learned Exclusive Excise court No. 5,
Gaya.
(iii) for issuance of any other
appropriate writ or direction for which
the petitioner is otherwise entitled in the
eye of law.”
2. Learned State Counsel, Mr. Anil Kumar
Verma, on instruction submitted that no liquor has been
seized from the petitioner’s vehicle, in such an event,
seizure of the vehicle for offences under Excise Act is
highly arbitrary and illegal. That apart the petitioner has
been harassed from 12.05.2024 till date, like filing of
present Writ Petition. Therefore, the concerned authority
is hereby directed to release the subject matter of the
vehicle within a period of one week after due verification
of the vehicle’s documents.
3. Present C.W.J.C. No. 3812 of 2025 stands
allowed with cost of Rs. 10,000/- (ten thousand rupees).
The cost shall be paid to the petitioner for the reasons
Patna High Court CWJC No.3812 of 2025(3) dt.10-04-2025
4/4
that he has been unnecessarily harassed for these many
days.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Nirajkrs/-
U
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