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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

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


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