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2024 Supreme(Online)(Pat) 4174

PATNA HIGH COURT
Rohit Kumar – Appellant
Versus
The State of Bihar – Respondent


ORAL JUDGMENT

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

Date : 28-11-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

(i) For issuance of a writ in the nature of writ of certiorari or any other appropriate writ, order, direction quashing the order dated 14.10.2024 passed in Miscellaneous (Excise) Case No. 495 of 2024, issued by the Collector, Respondent No. 3 whereby the said respondent has directed the Petitioner to pay a fine of Rs. 5 lacs in terms of Sub-Rule (2) of Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2022 and also Rs. 15 thousand against the expenses incurred by the State in maintaining the said vehicle of the Petitioner, for releasing the said vehicle;

(ii) For issuance of writ of Mandamus commanding the respondent authorities, especially the Respondent No. 3 to forthwith release the Honda City Car bearing Registration No. BR 01 FM 2650 of the Petitioner, as the same has been seized and confiscated by the authorities without considering the fact that the alleged liquor recovered from the vehicle is of meager quantity i.e. total 800 ML and the same was not being transported for any commercial purpose and as

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