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Patna High Court

DILEEP MAHTOversusTHE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA

Decided
Disposal
CONVERTED

Holding

The Court held that the criminal writ petition may be converted into a civil writ jurisdiction case for relief.

Summary

The petitioner, Dileep Mahto, filed a criminal writ petition seeking the release of a vehicle seized in connection with a case under Sections 414, 413, 34 of the Indian Penal Code and Sections 30(a), 48, 52 of the Bihar Prohibition and Excise Act. The petitioner’s counsel argued that the appropriate remedy for the release of the seized vehicle lies in a civil writ jurisdiction case, not a criminal writ petition. The Court considered whether the petition could be transferred to the civil jurisdiction for appropriate relief. The Court granted permission to convert the criminal writ petition into a civil writ jurisdiction case. The petitioner was directed to effect the conversion within two weeks and the matter was to be listed before the appropriate Bench with the Chief Justice’s approval. The order effectively changed the procedural route for the relief sought.

Issues considered

  • Whether a criminal writ petition seeking release of a vehicle seized under the Bihar Prohibition and Excise Act can be converted into a civil writ jurisdiction case
  • Whether the appropriate remedy for the release of the seized vehicle is available only under civil writ jurisdiction

Legislation cited

Subjects

  • vehicle seizure
  • criminal writ petition
  • civil writ conversion
  • excise law
  • procedural remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1496 of 2023
                      Arising Out of PS. Case No.-149 Year-2021 Thana- BARHARIA District- Siwan
                 ======================================================
                 Dileep Mahto, S/o Late Jhameli Mahto Resident Of Biruachak, Ps. Mehandi
                 Ganj, Dist. Patna

                                                                                   ... ... Petitioner
                                                 Versus
           1.    The State Of Bihar Through The Chief Secretary, Bihar, Patna Bihar,
           2.    The District Magistrate, Gopalganj Bihar,
           3.    The Certificate, Officer Collectorate, Gopalganj Bihar,
           4.    The Superintendent Of Police, Gopalganj Bihar,
           5.    The Superintendent Of Police, Siwan Bihar,
           6.    The Sho, Barharia, Siwan Bihar,
           7.    The Sho, Uchkagaon, Gopalganj Bihar,
           8.    Shyam Shankar Pd. Singh Son Of Late Rameshwar Pd. Singh R/O -
                 Tatariyakhurd, P.S.- Barachhati, District- Gaya.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Amaresh Kumar, Advocate
                 For the Respondents    :        Mr. Manish Kumar,
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

7   15-05-2026              The present Criminal Writ Petition has been preferred by

                   the Petitioner for release of a vehicle seized in Unchkagaon P.S.

                   Case No. 181 of 2021, registered for the offence punishable

                   under Sections 414, 413, 34 of the Indian Penal Code and

                   Sections 30(a), 48, 52 of the Bihar Prohibition and Excise Act.

                               2. Learned counsel for the Petitioner submits that he

                   should have filed Civil Writ Petition because remedy for release

                   of vehicle seized under Excise Act, is available by way of Civil

                   Writ Jurisdiction Case, which is heard by the Division Bench of
            Patna High Court CR. WJC No.1496 of 2023(7) dt.15-05-2026
                                                        2/2




                      this Court.

                                  3. Hence, he is seeking permission to convert the

                      present writ petition into a Civil Writ Jurisdiction Case.

                                  4. Permission is granted.

                                  5. The Petitioner is given two weeks’ time to get it

                      converted into a Civil Writ.

                                  6. After conversion, office is directed to list this

                      matter before appropriate Bench with approval of Hon’ble the

                      Chief Justice.



                                                                   (Jitendra Kumar, J.)
Chandan/-

U     T


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