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2022 Supreme(Pat) 151

SANJAY KAROL, S.KUMAR
Munna Kumar Son of Santosh Chaudahry – Appellant
Versus
State of Bihar through the Principal Secretary, Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Surendra Kishore Thakur, Advocate
For the Respondent: Mr.Kumar Manish

JUDGMENT :

S. KUMAR, J.

(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/Hon’ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

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

2. Petitioner has prayed for the following reliefs: -

    “(1) For issuance of writ in the nature of mandamus commanding and directing the respondents authority to release the vehicle e-Rickshaw bearing Registration No. BR30ER-0694, Chassis No. M9YSEPAA20M000271, Engine No. SEV3542 which has been seized in connection with Sitamarhi P.S. Case No. 705/2021 registered under Sections 414/34 of the Indian Penal Code read with section 30(a) of the Bihar Prohibition & Excise Act in favour of the petitioner who is owner of the vehicle because till date confiscation proceeding has not been initiated and vehicle in question is a public carrier.

(ii) And for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law.”

3. Learned counsel for the petitioner prays that the petition be disposed of

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