Patna High Court
AMIT KUMAR @ AMIT KUMAR TIWARIversusThe State of Bihar through Officer-in-Charge, Amarpur Police Station, P.S.- Amarpur,
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The petition to quash the order was allowed, holding that the petitioner had no connection with the alleged offence and the order is quashed as to him.
Summary
The petitioner, Amit Kumar, was arrested after police seized a motorcycle containing one litre of illicit liquor. He contended that he had sold the motorcycle to Anil Harijan before the incident and that the transfer of ownership was pending due to technical issues. The petitioner argued that the lower court had taken cognizance of the case without applying judicial mind. The State opposed the petition, filing a counter‑affidavit. The High Court, after reviewing the submissions and noting that Anil Harijan had filed a separate application for the release of the motorcycle, concluded that the petitioner had no connection with the alleged offence. Consequently, the Court allowed the petition to quash the order dated 02.02.2021, thereby relieving the petitioner of liability.
Issues considered
- Whether the petitioner can be held liable for the possession of illicit liquor found in a motorcycle he allegedly sold prior to the incident
- Whether the order of the Additional District and Sessions Judge can be quashed on the ground of lack of ownership and procedural infirmity
Subjects
- quash of criminal proceeding
- seizure of vehicle
- illicit liquor
- ownership transfer
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47686 of 2021
Arising Out of PS. Case No.-233 Year-2018 Thana- AMARPUR District- Banka
======================================================
AMIT KUMAR @ AMIT KUMAR TIWARI Son of Ganesh Kumar Tiwari
Resident of Village- Salempur, P.S.- Amarpur, District- Banka, at present
resident of D-222, Mata Dairy Road, P.S.- New Ashok Nagar, Vasundhara,
Enclave, East Delhi, Delhi- 110093.
... ... Petitioner/s
Versus
The State of Bihar through Officer-in-Charge, Amarpur Police Station, P.S.-
Amarpur, District- Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
For the Opposite Party/s : Mr.Satya Nand Shukla
Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 03-02-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 02.02.2021 passed by the learned Additional District
and Sessions Judge-II, Banka in Amarpur Case No. 233 of 2018.
3. As per the prosecution case, when the police was
patrolling in the evening they saw one person coming on
motorcycle and when he saw the police, he turned his
motorcycle but was apprehended by the police. When the police
checked the motorcycle, one liter of illicit liquor was recovered
from the accused.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner was not the owner of the
Patna High Court CR. MISC. No.47686 of 2021(5) dt.03-02-2026
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motorcycle on the date of occurrence as he has sold the same to
one Anil Harijan before the occurrence. He further submits that
all the documents were submitted for transfer of the motorcycle
in question in the name of Anil Harijan but due to some techinal
issue, the same could not be transferred. He next submits that
Anil Harijan has also filed an application in the Court below for
release of the motorcycle.
5. Learned counsel for the petitioner further submits
that the Court below has taken cognizance in the present case
without applying the judicial mind.
6. Learned counsel for the State has filed counter
affidavit in this case and has opposed the application of the
petitioner.
7. I have heard and considered the submission of the
parties.
8. Upon perusal of the materials available on record
and upon the statement of the learned counsel for the petitioner
that Anil Harijan has filed an application for release of the
motorcycle in question, this Court is of the view that the
petitioner has sold the motorcycle to Anil Harijan which was
being used by him and the petitioner has no connection with
alleged offence.
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9. In view of the aforesaid discussions, this
application is allowed.
10. Accordingly, the order dated 02.02.2021 passed by
the learned Additional District and Sessions Judge-II, Banka in
Amarpur Case No. 233 of 2018 is hereby quashed qua the
petitioner only.
(Sandeep Kumar, J)
Vikas/-
U
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