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2025 Supreme(Online)(Pat) 77

PATNA HIGH COURT
P. B. Bajanthri, Sunil Dutta Mishra, JJ
Indradev Sharma – Appellant
Versus
The State of Bihar through Principal Secretary, Department of Excise, Government of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Suraj Kumar, Mr. Pramod Mishra
For the Respondents: Mr. Vinay Kirti Singh, Mr. Ranjan Prakash

Table of Content
1. petitioner challenges confiscation based on statutory proceedings. (Para 1 , 2)
2. arguments presented regarding the violation of rights. (Para 3)
3. court decides on modifying confiscation to monetary penalty. (Para 4)
4. court issues directions for penalty payment and property release. (Para 5)
5. judgment concludes with a disposition of the case. (Para 6)

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 24-01-2025 In the instant petition, the petitioner has prayed for the following relief(s):-

“1. That this instant writ application has been filed on behalf of the petitioner named above to seeks indulgence of this Hon’ble Court to issue a writ preferably in the nature of certiorari setting aside the order dated 04.09.2023 passed in Excise Appeal Case No. 108/2023 passed by Department of Excise, Government of Bihar, Patna, whereby and where under the learned court of Excise Commissioner has affirmed the order dated 31.12.2022 passed by the learned Court of Collector Cum District Magistrate, Saharsa, in confiscation (Excise) Case No. 963/2022-23 by the prayer for release of the house of the petitioner which was seized by the police in connection with Sa

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