Created by Fuzzy Cloud

Patna High Court

Sanjeev Sah alias Sanjiv SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered the release of the seized tempo, directing the police to comply within three weeks after formalities and surety, following the precedent set in Bimlesh Kumar v. State of Bihar.

Summary

The petitioner, Sanjeev Sah, is the owner of a Bajaj Maxima cargo tempo that was stolen, leading to an FIR under Section 303(2) of the Bihar Narcotic Substances Act, 2023. Shortly thereafter, the same vehicle was implicated in an excise case filed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 274/275 of the Bihar Narcotic Substances Act, 2022. Despite the vehicle’s recovery, the police refused to release it, citing its involvement in the excise case. The petitioner sought a court order for its release, arguing that the prior FIR should prevail. Relying on the Division Bench decision in Bimlesh Kumar v. State of Bihar (CWJC No. 19659 of 2025), the High Court directed the S.H.O. to release the vehicle within three weeks after completing formalities and securing appropriate surety. The writ petition was consequently disposed.

Issues considered

  • Whether the police can withhold release of a vehicle recovered in a theft FIR when it is subsequently implicated in an excise case.
  • Whether the court can direct the release of such a vehicle in accordance with prior jurisprudence.

Legislation cited

Subjects

  • theft
  • excise
  • vehicle seizure
  • release order
  • surety
  • writ jurisdiction
  • police authority
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3199 of 2026
                 ======================================================
                 Sanjeev Sah alias Sanjiv Sah S/O Chandu Sah, permanent R/o Village-
                 Laxman Nagar, Barar, P.O. and P.S. Gaighat, District- Muzaffarpur, at present
                 R/O Locality- Salimpur Ahara, P.S. Gandhi Maidan, District- Patna.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary Prohibition Excise and Registration
                 Department (Excise).
           2.    The Director General of Police, Patna, Bihar.
           3.    The District Magistrate, Patna.
           4.    The District Magistrate, Vaishali at Hajipur.
           5.    The Senior Superintendent of Police, Patna.
           6.    The Superintendent of Police, Vaishali at Hajipur.
           7.    The S.H.O., Gandhi Maidan P.S., Patna.
           8.    The S.H.O., Mahua P.S., Vaishali at Hajipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ravish Mishra, Adv.
                 For the Respondent/s     :     Mr.Government Pleader (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   26-05-2026                  Heard the parties.

                               2.       Counsel for the petitioner submits that this

                   petitioner is a bona fide owner of one Bajaj Maxima Cargo XL

                   CNG Tempo, bearing Registration No. BR01GN3249, which

                   was stolen and for which an F.I.R. was lodged by this petitioner

                   being Gandhi Maidan P.S. Case No. 688 of 2025 registered on

                   04.12.2025 under Section 303(2) of the B.N.S, 2023. It has next

                   been submitted that subsequently, one Mahua P.S. Case No.

                   1148 of 2025 was registered on 12.12.2025 under Section 30 (a)
Patna High Court CWJC No.3199 of 2026(3) dt.26-05-2026
                                            2/3




          of the Bihar Prohibition and Excise (Amendment) Act, 2022 and

          Sections 274/275 of the B.N.S., 2022 which was lodged just a

          couple days after the lodging of F.I.R. at Gandhi Maidan P.S.

          Case No. 688 of 2025 registered on 04.12.2025, which was

          instituted against this petitioner and the said tempo has been

          implicated in the said excise case after registration of the F.I.R.

          for theft being Mahua P.S. Case No. 1148 of 2025.

                      3.    It is the case of the petitioner that instead of

          making this petitioner aware with regard to the recovery of that

          tempo Maxima bearing Registration No. BR01GN3249, the

          Police officials are not releasing the said tempo, despite

          recovery having been made, owing to such tempo having been

          implicated in the excise case.

                      4. On the other hand, counsel for the State submits

          that since there is already an F.I.R. lodged by this petitioner

          being Gandhi Maidan P.S. Case No. 688 of 2025, prior to the

          said tempo being implicated in the Mahua P.S. Case No. 1148 of

          2025, appropriate directions may be issued by this Court for

          release of the same.

                      5.     Considering the submissions and as also the

          judgment rendered by the Hon’ble Division Bench in the case of

          Bimlesh Kumar v. The State of Bihar & Ors passed in CWJC
           Patna High Court CWJC No.3199 of 2026(3) dt.26-05-2026
                                                       3/3




                     No. 19659 of 2025, this Court directs the S.H.O. Mahua P.S.

                     Case No. 1148 of 2025 to release the Maxima Tempo bearing

                     Registration No. BR01GN3249 strictly in consonance with the

                     directions issued by the Hon’ble Division Bench          passed in

                     respect of such matters where there is already an F.I.R. lodged

                     by the owner of the vehicle for theft whose vehicles have

                     subsequently been implicated in excise case, within a period of

                     three weeks after completing the formalities and securing

                     sufficient surety from him in accordance with law.

                                 6. Accordingly, this writ stands disposed.



                                                  (Ajit Kumar, J)
perwez/suryadev

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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