Disposed¶24

Raja Kumar v. The State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna

Patna HC12 Jan 2026CR. WJC/3294/2025

Case brief

AI extract

What is this about?

Keywords: release of stolen vehicle; motorcycle seized in excise case; two FIRs; Kankarbagh PS Case No. 96 of 2025 (S.303(2) BNS); Hariharnath PS Case No. 34 of 2025 (S.30(a) Bihar Prohibition and Excise (Amendment) Act); representation unanswered; petitioner harassed for no reason; liberty to file fresh representation within a week; authority to decide release within a month; Patna High Court Cr. WJC No.3294 of 2025; Arun Kumar Jha, J.; petition disposed of.

What did the court decide?

Petition disposed of with liberty to the petitioner to file a fresh representation for release of the motorcycle within a week, and a direction to the authority concerned to pass appropriate order on such release within a month. ¶24

Raja Kumar Vs The State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the petitioner is entitled to a direction for release of his stolen Pulsar motorcycle (Registration No. BR01HL0466), seized in Hariharnath P.S. Case No. 34 of 2025, when the theft FIR (Kankarbagh P.S. Case No. 96 of 2025) predates the excise FIR. +1 more

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Court's answer

The petitioner is permitted to approach the authority concerned afresh by filing a representation for release of his motorcycle within a week.

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Ratio / Principle

On the record and submissions it is apparent that the petitioner is being harassed for no reason; his motorcycle was stolen and he lodged the theft FIR, yet the authority concerned failed to pass any order on his request for release, notwithstanding that it should have taken the earlier lodged theft FIR into consideration.

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Key takeaways

The authority concerned is directed to pass an appropriate order on the release of the petitioner's motorcycle within a month of the fresh representation.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J.), Criminal Writ Jurisdiction Case No.3294 of 2025, decided 12-01-2026. The petitioner sought release of his stolen Pulsar motorcycle (Registration No. BR01HL0466), which had been seized in Hariharnath P.S. Case No. 34 of 2025 (under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act), his theft having already been reported in Kankarbagh P.S. Case No. 96 of 2025 (under Section 303(2) of B.N.S.). Despite a representation (Annexure-4), no order of release was passed. Holding that the petitioner was 'being harassed for no reason' and that the authority should have considered the earlier theft FIR, the Court disposed of the petition by permitting the petitioner to move afresh with a representation within a week and directing the authority concerned to pass an appropriate order on release within a month.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.3294 of 2025

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Arising Out of PS. Case No.-96 Year-2025 Thana- KANKARBAG District- Patna

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

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Raja Kumar S/o Bhola Saw Resident of Mohalla - Postal Park, Road, No. 1, P.S- Kankarbagh, District - Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna Bihar

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The Additional Chief Secretary, Home Department , Government of Bihar, Patna Bihar

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The Senior Superintendent of Police, Patna Bihar

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The Station Head Officer, P.S - Kankarbagh, District - Patna Bihar

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The Station Head Officer, P.S - Harihar Nath, District - Saran Bihar

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate For the Respondent/s : Mr. Ravi Kumar, AC to GP-13 Mr. Akshay Lal Prasad, AC to GP-13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 12-01-2026 The present writ petition has been filed for direction to the concerned respondent authority to release the stolen vehicle (Pulsar motorcycle) bearing Registration No. BR01HL0466, Chassis No. MD2B72BX1PPG53770, Engine No. JEXPPG53869 of the petitioner which has been stolen by unknown persons for which Kankarbagh P.S. Case No. 96 of 2025, dated 27.01.2025 was registered for the offence under Section 303(2) of B.N.S. and thereafter, said vehicle was seized in Hariharnath P.S. Case No. 34 of 2025, dated 03.03.2025

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Patna High Court CR. WJC No.3294 of 2025(2) dt.12-01-2026 2/3

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registered for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

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Learned counsel for the petitioner submits that the petitioner has already registered FIR on 27.01.2025 for theft of his vehicle and thereafter, same vehicle was used by the miscreants in transportation of illicit liquor. The petitioner or his vehicle could not be made liable for transportation of illicit liquor. Even then the petitioner has approached the authority by filing representation (Annexure-4), the vehicle of the petitioner has not been released.

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Learned counsel appearing on behalf of Staterespondents submits that appropriate orders may be passed in this case since the FIR of the petitioner has been registered much prior to registration of the second FIR in which motorcycle has been seized and has been kept in custody.

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From perusal of record and submission made on behalf of the parties, it is very much apparent that the petitioner is being harassed for no reason. The motorcycle of the petitioner was stolen and he lodged Kankarbagh P.S. Case No. 96 of 2025 for the theft. Subsequently, the motorcycle of the petitioner was seized by the police in connection with Hariharnath P.S. Case No. 34 of 2025 was registered on 03.03.2025. If the petitioner

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Patna High Court CR. WJC No.3294 of 2025(2) dt.12-01-2026 3/3

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approached the authority concerned for release of his vehicle, the authority concerned should have passed order taking into consideration the earlier lodged FIR of the petitioner regarding theft of his motorcycle. But it appears no orders have been passed till date.

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In the light of aforesaid discussion, the petitioner is directed to approach the authority concerned afresh by filing representation for release of his motorcylce bearing Registration No. BR011HL0466 within a week and thereafter, the authority concerned is directed to pass appropriate order in connection with release of the motorcycle of the petitioner within a month.

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With the aforesaid observation and direction, the present petition stands disposed of.

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(Arun Kumar Jha, J)

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DKS/-

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U T

Raja Kumar v. The State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Raja Kumar v. The State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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