ISHAK MIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has prayed for following relief:- "That the present civil writ petition is being filed for release for vehicle Apache Motorcycle Chasis No. MD634CE41K2K12470, Engine No. CE4KK2212335, belongs to the petitioner, which has been seized by Laukahi police station (arising out of Laukahi PS Case No. 05/2020 dated 08.01.2020 under sections 272, 273, 414/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Confiscation proceeding has not been initiated against the petitioner's vehicle pending in the court of learned ADJ-II cum Special Judge (Excise), Madhubani."

(3.) Informant is a police officer who has alleged in his written complaint that on 08.01.2020 he received information that one SCORPIO vehicle and one motorcycle has fallen from the bridge and lying in the water and on such information he alongwith other police personnel reached the place of accident and pulled out the SCORPIO vehicle and motorcycle, and from SCORPIO vehicle illicit liquor was recovered and in presence of independent witnesses SCORPIO vehicle and 918 litre of illicit liquor recovered from the SCORPIO vehicle as well as motorcycle was seized giving rise to Laukahi PS Case No. 05/2020 dated 08.01.2020 registered for the offences punishable under sections 272, 273, 414/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.