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2022 Supreme(Pat) 145

SANJAY KAROL, S.KUMAR
Shila Devi Wife of Kishor Sahni – Appellant
Versus
State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Pankaj Kumar Singh, Advocate
For the Respondent: Mr.Kumar Manish (SC 5)

JUDGMENT :

S. KUMAR

(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: -

    “(i) For issuance of an appropriate writ in the nature of of MANDAMUS, commanding and directing the Respondent Authorities to release the Big Bolero Pick Up bearing Reg. No. BR-06GD-7349 Chassis No. MA1ZN2TBKKIE46286 and Engine No.TBKEE54178 in favour of the petitioner which has been illegally seized by the Respondent No.5 in connection with Mithanpura P.S. Case No. 259 of 2021 dated 30.11.2021 registered for the offences under Sections 414/34 of the Indian Penal Code and 30(a), 32(ii), 41(i) of the Bihar Prohibition and Excise Amendment Act, 2018 on the ground that the said vehicle is commercial public carriage vehicle and the income from the said vehicle is only source of the livelihood of the family of the petitioner as also on the ground that the vehicle in

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