IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1735 of 2022

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Sonu Kumar Son of Sidhnath Singh, Resident of Mohalla - SDO Road,

Hajipur, P.S. - Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar through, The Principal Secretary, Excise Department,

Bihar, Patna.
2. The Commissioner of Excise Department, Bihar, Patna.
3. The District Magistrate, District - Vaishali.
4. The Addl. District Magistrate, District - Vaishali.
5. The Superintend of Police, District - Vaishali.
6. The Officer in Charge of Ganga Bridze Police Station, District - Vaishali.

... ... Respondent/s

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Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Advocate
For the Respondent/s : Mr.Vivek Prasad (GP7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)

2 22-04-2022 Petitioner has prayed for the following relief(s).

Patna High Court CWJC No.1735 of 2022(2) dt.22-04-2022
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Patna High Court CWJC No.1735 of 2022(2) dt.22-04-2022
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Heard.

Admit.

Allegation is recovery of 180 ml. of illicit liquor from

the seized vehicle of the petitioner.

Petitioner is owner of the seized vehicle.

It is further submitted that a meager quantity of 180

ml. of liquor has been recovered from the vehicle, as such, it

cannot be inferred that the vehicle was used for

transporting/carrying illicit liquor, nor it can be presumed that

recovered illicit liquor was kept for sale/purchase/ trade purpose

and it appears that same was kept for personal consumption.

As prayed, eight weeks’ time is granted to learned

counsel for the State to file counter affidavit. Rejoinder, if any,

be filed by the petitioner within four weeks thereafter.

During pendency of this writ petition, District

Magistrate/Confiscating Authority Vaishali is directed to

provisionally release the vehicle of petitioner after due

identification of ownership of the vehicle on production of

ownership and registration papers with respect to vehicle in

question in his name with two sureties (one local) to the extent

of the value of the vehicle as indicated in the insurance

document.
 Patna High Court CWJC No.1735 of 2022(2) dt.22-04-2022
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The petitioner while submitting the sureties shall also

furnish the affidavit/undertaking that the petitioner shall not

indulge in creating any third party right or interest in respect of

the vehicle during the pendency of the writ proceeding and shall

not alienate the vehicle during this period.

The release shall be allowed within a period of 14

days from the date of submission of the sureties and the

undertakings as stated above, which would however be subject

to finalization of the writ proceeding.

List this case on 25.07.2022 under the heading ‘For

Hearing’.

During pendency of the writ petition, it shall be open

for the petitioner to get his/her vehicle released in terms of Rule

12(A) inserted by amending Bihar Prohibition and Excise Rules,

2021.

(Sanjay Karol, CJ)

( S. Kumar, J)
Rajiv/veena-