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2021 Supreme(Pat) 172

SANJAY KAROL, S.KUMAR
Rekha Devi W/o Ravindra Yadav – Appellant
Versus
State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Arjun Prasad
For the Respondent: Mr.Vikash Kumar SC 11

JUDGMENT :

S. KUMAR, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner has prayed for the following reliefs: -

    “(i) To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding the respondents to release the vehicle/TVS Apache motorcycle bearing Reg. No. BRO1EK2041 Chasis No. MD634CE4XK2F28842, Engine No. CE4FK2710796 in favour of the petitioner who is owner of the said vehicle seized in Mokama P.S. Case No. 195/ 2020 under section 30 (a) of Bihar Prohibition and Excise Act,2016 lying in the premises of Police station and subject to natural decay by furnishing sufficient security to the satisfaction of learned Spl. Judge Excise, Patna.

(ii) For issuance of appropriate writ, order/ direction Commanding the respondents to release the motorcycle of the petitioner during the pendency of the confiscation proceeding a reasonable surety till the disposal of the said confiscation proceeding.

(iii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.”

3. Learned counsel for the petitioner prays that the petition be disposed of in terms of order dated 9th January,

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