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2024 Supreme(Pat) 946

P. B. BAJANTHRI, S. B. PD. SINGH
Santosh Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Rajeev Ranjan.
For the Respondent: Mr. Sriram Krishna, AC to SC-11.

P. B. Bajanthri, J.—In the instant petition, petitioner has prayed for the following relief:—

“I. To issue an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to release the BAJAJ PLATINA 110 motorcycle bearing Engine no.:- PFXPNG35105, Chassis No. MD2B77AX7NPG09445, registration No. BR 28AA 9827, in favour of the petitioner, which has been seized in connection with Gopalpur P.S. Case No. 216/2023 dated 27.08.2023 Registered under sections 30(a) of the Bihar Prohibition and Excise Act 2022 and also during pendency of the confiscation case if any arising out of the instant case.

II. Any other order or Orders.”

2. On 29.11.2024, we have passed the following orders:—

“The Superintendent of Police, Gopalganj, is hereby directed to file his personal affidavit as to why the subject matter of vehicle bearing Registration No.BR28AA9827 has been seized in the absence of any recovery of liquor from the said vehicle. If no liquor is recovered from the aforementioned vehicle in that event he is hereby directed to release the subject matter of vehicle in favour of the owner forthwith. If the police departments are disputing to the extent that subject ma

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