Patna High Court
Pawan Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioner to file a fresh petition within four weeks and directed the District Magistrate to consider accepting the title deed and returning the bank guarantee, subject to the conditions of the earlier order.
Summary
The petitioner, Pawan Kumar Sahni, filed a writ petition seeking an order directing the District Magistrate‑Collector of Gopalganj to accept his title deed of immovable property and to return the bank guarantee he had furnished for the release of a seized Bolero pick‑up van. Earlier, a 2019 High Court order had released the vehicle on production of ownership documents and either a bank guarantee or a title deed as security. The petitioner had given a bank guarantee of Rs 7,01,519/‑ and the vehicle was released, but now wishes to withdraw the guarantee and substitute it with the title deed for personal financial needs. He applied to the District Magistrate on 3 March 2025, but no order was issued. The Court held that the petitioner may file a fresh petition within four weeks, after which the District Magistrate should consider accepting the title deed and returning the bank guarantee, subject to the conditions of the 2019 order. The present petition was therefore disposed.
Issues considered
- Whether the petitioner is entitled to a direction to file a fresh petition for substitution of the bank guarantee with a title deed and to have the bank guarantee returned.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 38(1)
Subjects
- civil writ jurisdiction
- title deed
- bank guarantee
- vehicle seizure
- excise law
- district magistrate
- property security
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10392 of 2025
======================================================
Pawan Kumar Sahni Son of Nand Lal Sahni @ Nandlal Sahni, R/o Vill-
Thikha Thikaho Aswari, P.S.-Kathaiya, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of Excise, Bihar, Patna.
2. The Secretary, Department of Excise, Bihar, Patna.
3. The District Magistrate cum Collector, Gopalganj, at Gopalganj.
4. The Inspector of Police, Excise, Gopalganj at Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Respondent/s : Mr. Raghwanand, G.A. 11
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 02-02-2026 The present petition has been filed for commanding
the respondent authorities, particularly the District Magistrate cum
Collector, Gopalganj (Respondent No. 3) to accept the title deed
of immovable property and release the Bank Guarantee furnished
by the petitioner for release of the Bolero Pick-Up Van bearing
Registration No. BR06 GC 9643, Engine No. TBJIC37689,
Chassis No. MA1ZN2TBKJ1C27514 which has been seized in
connection with Excise Case No. 178 of 2018 lodged under
Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act,
2016.
2. The learned counsel for the petitioner submits that
Patna High Court CWJC No.10392 of 2025(4) dt.02-02-2026
2/3
the petitioner had earlier approached this Hon’ble Court for
release of Bolero Pick-Up Van and a Co-ordinate Bench of this
Court, vide order dated 10.05.2019 passed in C.W.J.C. No. 6488
of 2019 was pleased to direct for release of the said vehicle on
production of ownership and registration with respect to the said
vehicle in the name of the petitioner before the learned District
Magistrate cum Collector, Gopalganj with one surety along with a
Bank Guarantee or original title deed of immovable property
situated within the district to the extent of the value of the vehicle
as indicated in the insurance document.
3. It is the submission of the learned counsel for the
petitioner that the petitioner had furnished one surety along with
Bank Guarantee for a sum of Rs. 7,01,519/- which was deposited
with the District Magistrate cum Collector, Gopalganj and then
the aforesaid vehicle of the petitioner was released on 04.10.2019.
4. The learned counsel for the petitioner has submitted
that now the petitioner needs money for marriage of his daughter,
hence he wants to withdraw the Bank Guarantee and instead
furnish title deed of immovable property situated within the
district Gopalganj, as per the option granted to him by the
aforesaid judgment dated 10.05.2019. Nonetheless, despite the
petitioner having made application before the learned District
Magistrate cum Collector, Gopalganj on 03.03.2025, no order has
Patna High Court CWJC No.10392 of 2025(4) dt.02-02-2026
3/3
been passed thereon.
5. Having regard to the facts and circumstances of the
case, we deem it fit and proper to grant liberty to the petitioner to
file a fresh petition with regard to the aforesaid issue, before the
learned District Magistrate cum Collector, Gopalganj and in case
such a petition is filed within a period of four weeks from today,
the learned District Magistrate cum Collector, Gopalganj shall
consider the possibility of accepting original title deed of
immovable property of the petitioner situated within the district
Gopalganj and returning back the Bank Guarantee in question, as
per the mandate of the order dated 10.05.2019, passed in the case
of petitioner earlier, however the other conditions stipulated in the
said order dated 10.05.2019 remaining the same, whereafter he
shall pass a reasoned and a speaking order in accordance with law
within a period of four weeks of filing of such petition by the
petitioner.
6. Accordingly, the present petition stands disposed of.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
alok/k.c.jha
U
Checking your session…