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2025 Supreme(Online)(Pat) 3968

PATNA HIGH COURT
RAJEEV RANJAN PRASAD, SOURENDRA PANDEY, JJ
Mantu Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Sarfraz Ahmad, Advocate, Mr. Sonu Singh, Advocate
For the Respondents: Mr. Saroj Kumar Sharma, AC to AAG-3

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 10-12-2025 Heard learned counsel for the petitioner and learned AC to AAG-3 for the State of Bihar.

2. This writ application has been filed for setting aside the order dated 07.08.2025 passed by learned Sub-Divisional Magistrate, Mohania (Kaimur) in Excise Case No. 26/2025 arising out of Mohania P.S. Case No. 846 of 2024 whereby and whereunder the Sub-Divisional Magistrate, Mohania (Kaimur) has been pleased to reject the prayer for the petitioner for release of the vehicle bearing Registration No. BR45P7115 (Green Colour Bajaj Auto Rickshaw), Chassis No.

MD2B47AX4RWE61081 which has been seized in connection with Mohania P.S. Case No. 846 of 2024.

3. Learned counsel for the petitioner submits that the request of the petitioner for release of the vehicle in question has been rejected on the ground that in Departmental Letter No. 134 dated 15.01.2024 and Departmental Letter No. 3095 dated 26.04.2022, some guidelines have been provided by the competent authority in the matter of release of the vehicle. According to the competent aut

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