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RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Prasant Kishore Thakur – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. Raju Giri, learned Senior Counsel assisted by Mr. Harsh Vardhan, learned counsel for the petitioner, Mr. P.K. Shahi, learned Advocate General and Mr. S. Raza Ahmad, learned AAG-5 assisted by Mr. Alok Ranjan, learned AC to AAG-5 for the State of Bihar.
2. The brief facts of the case and the issues which have cropped up for consideration in the present case have been taken note of by this Court in its order dated 25.11.2025 which we reproduce hereunder for a ready reference:—
“Heard Mr. Raju Giri, learned Senior Counsel for the petitioner and Mr. Alok Ranjan, learned AC to AAG-9 for the State of Bihar.
2. The grievance of the petitioner is that even though the authorities who deal with the confiscation matter and the appeal and revision were fully aware that the vehicle of the petitioner had been stolen away for which the petitioner had lodged one FIR and the involvement of the petitioner has not been found in the said case registered by the petitioner, still all these authorities have proceeded to pass an order whereby the petitioner has been directed to deposit 10% of the insured value of the vehicle by way of penalty for release of the vehicle.
3. Le
Vehicle owners cannot be penalized for release if their vehicle was stolen and they are not involved in criminal activities, reaffirming judicial principles of justice.
Vehicle owners cannot be penalized for offenses involving stolen vehicles if they are not complicit in the crime.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
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