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2025 Supreme(Online)(Pat) 5722

PATNA HIGH COURT
Rajeev Ranjan Prasad, Sourendra Pandey, JJ
Manish Giri – Appellant
Versus
The State of Bihar through the Commissioner Excise Department, State of Bihar Patna – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Tribhuwan Narayan
For the Respondents: Mr. Arvind Ujjwal, SC-4, Mr. Upendra Pratap, AC to SC-4

Table of Content
1. court's rationale for setting aside the confiscation order. (Para 8)
2. final ruling allowing the petition and remanding the matter. (Para 9 , 10)

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

2 03-12-2025 This application has been filed for setting aside the order dated 07.08.2025 passed by the Sub-Divisional Magistrate, Mohania, Kaimur, in Excise (Vehicle Confiscation) Case No. 35 of 2025, whereby the petition filed by the petitioner under Sub-Rule (2) of 12A of the Bihar Prohibition and Excise (Amendment) Rules, 2022 (in short, Excise Rules) to release the seized vehicle in his favour was rejected and the competent authority has further directed the sale of the said vehicle through auction.

2. The learned counsel for the petitioner has submitted that the petitioner is the owner of the seized vehicle being Tata Nexon car bearing Registration No. DL4CBC6958, chassis no. MAT627017PLH97812 and engine no. REVTRN21HWXKA0783. It has been submitted that the said vehicle was seized in connection with Mohaniya P.S. Case No. 16 of 2025, wherein 419.13 liters of country-

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