Statute allows High Court jurisdiction for vehicle release despite lower court's contradiction under Section 60.

ORAL JUDGMENT

Date : 05-12-2025 Heard learned counsel for the petitioner as well as learned counsel for the State-respondents.

02. This writ petition has been filed seeking the following reliefs:-

“I-To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents particularly Respondent Number- 2 (District Magistrate- cum Collector, Rohtas) to release the petitioner's motorcycle, Hero Glamour bearing Registration No. BR03W1005, MBLJAR019H9J40862, Chesis Engine No. - JA06EHH9J21713, in the favour of the petitioner forthwith he is the Rightful owner of the said vehicle.

II. To quash or set aside the impugned order dated 26-08-2025 passed by the Learned Sri Santosh Kumar-1 Exclusive Special Exclusive Judge Excise Court No-1, Rohtas at Sasaram Rejecting the petitioner's release petition.

III. This Hon'ble Court may adjudicate and Hold that for the offence committed by some one / Accused persons (Theft and liquor Mafia) alleged FIR No.- 62/25 dated 14-03- 2025 in which petitioner is itself a victim hence the petitioner is innocent therefore cannot be punished.

IV. This Hon'ble Court may adjudicate and Hold that in the given situation the petitioner cannot be deprived prevented from taking release of his vehicle (Hero Glamour Bike).

V. To aware cost of litigation and suitable compensation for the irreparable loss and the damage caused to the petitioner due to arbitrary and whimsical decision of the Respondent.

VI. To award any other relief or reliefs as prayed for by the petitioner in this case.”

03. The fact of the case is that FIR bearing Kachhawa P.S. Case No. 62 of 2025 has been lodged on 14.03.2025 for the offences under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act , 2022 apprehending two persons for transporting 126 litres of illicit liquor on a motorcycle. The said motorcycle and the illicit liquor has been seized from the spot and the petitioner is the owner of the alleged motorcycle.

04. Learned counsel for the petitioner submits that the petitioner is the bona fide owner of the alleged motorcycle, Hero Glamour bearing Registration No. BR03W1005, Chesis No. MBLJAR019H9J40862, Engine No. JA06EHH9J21713 which was seized in connection with Kachhawa P.S. Case No. 62 of 2025. Learned counsel further submits that the said motorcycle of the petitioner was stolen and petitioner had earlier lodged Nawada P.S. Case No. 118 of 2025 on 20.02.2025 in this regard. Police has submitted charge sheet in Kachhawa P.S Case No. 62 of 2025 on 30.04.2025 against the two apprehended accused persons but the charge sheet has not been submitted against the petitioner finding him innocent. Learned counsel for the petitioner further submits that the, A.S.I., Kachhawa Police Station vide its letter no 2148/2025 dated 03.12.2025 to the District & Sessions Judge-I, Exclusive Special Excise Court, Rohtas at Sasaram has submitted that he has no objection for the release of vehicle of the petitioner. However, learned Exclusive Special Exclusive Judge Excise Court No. -1, Rohtas at Sasaram vide its order dated 26.08.2025 considering the bar of Section 60 of Bihar Prohibition and Excise Act rejected the prayer of the petitioner for the release of his vehicle and the said order is unjust and needs to be set aside by this Court.

05. Learned counsel appearing on behalf of the State submits that the vehicle of the petitioner has been seized for being used in transportation of 126 litres of illicit liquor.

06. Perused the record.

07. From perusal of the record, it transpires that the petitioner was not sent up for facing trial and charge sheet was not submitted against him. The vehicle has been seized as it was found that 126 litres of illicit liquor was being transported in the said vehicle.