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2025 Supreme(Online)(Pat) 886

PATNA HIGH COURT
P. B. Bajanthri, Shailendra Singh, JJ
Kush Kumar Mishra – Appellant
Versus
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Krishna Kant Singh
For the State:Mr. Government Advocate (09)

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

Date : 21-08-2025 In the instant writ petition, petitioner has prayed for the following relief(s):

“i. For issuance of a writ in the nature of ‘Certiorari’ for quashing the confiscation order dated 09.02.2024 passed by the District Magistrate, Munger, in Confiscation Case No.17/2023-24, and the appellate order dated 14-1-2025 passed by the Commissioner, Excise, Patna, in Excise Appeal Case No.83/2024 to the extent whereby he has ordered to impose penalty of

10 percent.

ii. For issuance of a writ directing the respondents to release the petitioner’s motorcycle bearing registration number BR-01EA-6070, chassis number MBLJAR011J9F04751, and engine number JA06EHJ9F37606.

iii. For directing the State of Bihar to compensate the petitioner for the harassment, mental agony, financial loss, and decree of the motorcycle caused due to the illegal confiscation and failure of the authorities to recover and return the stolen Motorcycle and keeping the said motorcycle in open.

iv. For issuance of an appropriate writ restraining the concerned respondents not to proceed further to auction the petitioner’s motorcycle in question v. For other necessary relief/

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