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2026 Supreme(Online)(Pat) 3323

PATNA HIGH COURT
MOHIT KUMAR SHAH, PRAVEEN KUMAR, JJ
Guddu Chaudhary – Appellant
Versus
The State of Bihar through Principle Secretary, Excise Department, Govt. of Bihar, Patna – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Prabhat Kumar Singh, Advocate, Ms. Priya, Advocate
For the Respondents: Mr. Ajay Kumar, A.C. to G.P.4

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3 22-01-2026 The present petition has been filed by the petitioner for release of Pulsar motorcycle bearing Registration No. BR24AM7854 and Vivo V29 mobile which have been seized in connection with Rajpur P.S. Case No. 180 of 2024 dated 13.06.2024 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 .

2. At this juncture, the learned counsel for the respondent-State has referred to the counter-affidavit filed in the present case to show that the learned Court of Sub-Divisional Officer, Buxar Sadar has already passed the final order dated 18.02.2025 in Case No. 104/2024/277/2024 whereby and whereunder an order for confiscating the motorcycle of the petitioner and other vehicles has been passed and it has also been ordered that the said vehicles be put on auction sale.

3. In response, the learned counsel for the petitioner submits that no notice was given to the petitioner and behind his back the aforesaid order dated 18.02.2025 has been passed, hence the petitioner be granted liberty to challenge the same by filing

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