Created by Fuzzy Cloud

Patna High Court

AMIT KUMAR @ AMIT KUMAR TIWARIversusThe State of Bihar through Officer-in-Charge, Amarpur Police Station, P.S.- Amarpur,

Decided
Disposal
ALLOWED

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
                                            2/3




          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.
          Patna High Court CR. MISC. No.47686 of 2021(5) dt.03-02-2026
                                                      3/3




                                 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.