Patna High Court
DILEEP MAHTOversusTHE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA
- Decided
- Disposal
- CONVERTED
- Bench
- JITENDRA KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 48, 52
- Indian Penal Code — s. 34, 413, 414
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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