Kumar Bimal Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Kumar Bimal Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Direction to the concerned authority to release the petitioner's Santro car bearing registration No. BR01AG3243, seized in Wazirganj P.S. Case No. 589 of 2023, subject to conditions that the criminal case be decided in accordance with law, the petitioner shall not dispose of the vehicle to any third party, and the petitioner shall produce the vehicle before the competent authority if inspection is warranted; liberty reserved to move an interlocutory application for revival of the order if the vehicle is not released immediately.

Issue for consideration

Whether the auction proceeding against the petitioner's Santro car bearing registration No. BR01AG3243, seized in Wazirganj P.S. Case No. 589 of 2023, should be stayed and the vehicle released to the petitioner. +1 more

Court's answer

The concerned authority is directed to release the subject motor vehicle, subject to conditions, to the extent that Wazirganj P.S. Case No. 589 of 2023 is decided in accordance with law.

Ratio / Principle

The petitioner is not involved in the offences under the Excise Act in Wazirganj P.S. Case No. 589 of 2023 registered on 23.09.2023, the petitioner being the owner who lodged the theft complaint dated 09.09.2023 regarding the vehicle, whose genuineness learned counsel for the State-respondents did not dispute.

Key takeaways

Release of the vehicle is subject to the conditions that the petitioner shall not dispose of the vehicle to any third party and shall produce it before the competent authority if it is warranted for inspection in Wazirganj P.S. Case No. 589 of 2023.ratio¶24
If the vehicle is not released immediately, the petitioner is at liberty to file an interlocutory application for revival of this order.obiter¶28

Detailed headnote1 paragraphs

Patna High Court (P.B. Bajanthri & Alok Kumar Pandey, JJ.; judgment per P.B. Bajanthri, J.), Civil Writ Jurisdiction Case No. 2502 of 2024, decided 05-03-2024 (NAFR): Petitioners sought stay of the auction of and release of their Santro car (Regn. No. BR01AG3243, Chassis No. MALAA51HR7M136970) seized on 23.09.2023 in Wazirganj P.S. Case No. 589 of 2023 under Sections 420, 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The vehicle itself was the subject of a theft complaint/FIR lodged by the petitioner-owner on 09.09.2023, whose genuineness the State did not dispute. Held, the petitioner is not involved in the Excise Act offences; the concerned authority was directed to release the vehicle subject to conditions that the case be decided in accordance with law, the petitioner shall not dispose of the vehicle to any third party, and the petitioner shall produce the vehicle before the competent authority if inspection is warranted. Petition disposed of, with liberty to seek revival of the order if the vehicle is not released immediately.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2502 of 2024

======================================================

Kumar Bimal S/o Hiralal R/o Road 1D West BMP, 16, MauryaVihar, Dinapur cum Khagaul, Patna, Bihar- 801105.

Manorama Kumari W/o Kumar Bimal, R/o Road 1D West BMP, 16, MauryaVihar, Dinapur cum Khagaul, Patna, Bihar- 801105.

... ... Petitioner/s

Versus

The State of Bihar through its Principal Secretary, Registration, Excise and Prohibition.

District Magistrate Gaya, Bihar

Superintendent Of Police Gaya, Bihar

SHO, Wazirganj Police Station, Gaya, Bihar

ASI Amarnath Rai (Investigating Officer) Bihar.

SHO, Phulwarishariff, Patna, Bihar

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Ashar Akhtar Mr. Aiman Hassan Mr. Baba Ashfaque For the Respondent/s : Mr.Abbas Haider, Adv (S.C.-6) Mr. Wasi Mohammad AC to S.C-6

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 05-03-2024

In the instant petition, petitioner has prayed for the

following relief(s):-

(a)To immediately stay the auction proceeding against the Santro car bearing registration No. BR01AG3243 chassis no. MALAA51HR7M136970 Engine No. G4HG7M170752.

(b) To immediately release the vehicle being Santro car bearing registration No. BR01AG3243 chassis no. MALAA51HR7M136970 Engine No. G4HG7M170752 seized in connection

Patna High Court CWJC No.2502 of 2024 dt.05-03-2024 2/3

with FIR at Wazirganj P.S. Case No. 589/2023 dated 23/09/2023 under Section 420, 414 IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

(c) For any other relief or reliefs for which the petitioner is found entitled in the eyes of law. 2. Petitioner vehicle-Santro car bearing registration No.

BR01AG3243 was alleged to have been theft on 09.09.2023. In this regard petitioner who is the owner of the subject matter of motor vehicle has registered a complaint/FIR on 09.09.2023 whereas the subject matter of motor vehicle was involved for the offences under Excise Act and vehicle was seized on 23.09.2023 in Wazirganj P.S. Case No. 589 of 2023. Learned counsel for the state-respondents have not disputed in respect of genuineness of theft complaint dated 09.09.2023. In this backdrop, the petitioner is not involved for the offences under the Excise Act in Wazirganj P.S. Case No. 589 of 2023 registered on 23.09.2023. Therefore, the concerned authority is hereby directed to release the subject matter of motor vehicle while imposing certain conditions to the extent that Wazirganj P.S. Case No. 589 of 2023 is decided in accordance with law. The petitioner shall not dispose of subject matter of motor vehicle to any third party. If the vehicle is warranted for inspection, if any, in Wazirganj P.S. Case No. 589 of 2023 in such circumstances petitioner shall produce the vehicle before the

Patna High Court CWJC No.2502 of 2024 dt.05-03-2024 3/3

competent authority and it is only in accordance with law. Accordingly, the present petition stands disposed of.

If the vehicle is not released immediately, petitioner is

at liberty to file interlocutory application for revival of this order.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

vashudha/Shahzad

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	14.03.2024
Transmission Date	NA