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2024 Supreme(Pat) 132

P. B. BAJANTHRI, JITENDRA KUMAR
Sunaina @ Suneina – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bhola Kumar.
For the Respondents: Mrs. Shama Sinha, SC-5.

Jitendra Kumar, J. – The present writ petition has been filed by the petitioner seeking following reliefs: –

"A. For issuance of a Writ of certiorari quashing the order dated 19.11.2021 passed by the Collector, Gopalganj in Confiscation (Excise) Case No. 700/2020 whereby he has declined to release the said Motorcycle

B. For directing the Collector, Gopalganj to release the Motorcycle bearing registration no. BR01ES 9645, Passion Pro which is lying in the Kuchyacot Police Station, Gopalganj in the favour of the petitioner forthwith.

C. For passing any other suitable Order/s, appropriate Writ/s or direction/s which Your Lordships deem fit and proper in the facts and circumstances of the instant case."

2. The relevant facts of the case, as emerging from the record, are that on 17.9.2020, Excise Case No. 253 of 2020 was lodged against two accused persons, namely, Satyendra Kumar and Sunil Yadav alleging that both the accused were riding a motorcycle bearing Registration No. BR01ES-9645 on N.H.-28. When they were stopped by the police, 13.900 litres of Indian Made Foreign Liquor were seized from the bag on search. The bag was kept in the hand of accused Sunil Yadav, who was sitting as a pi

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