Vaishali Police directed to release vehicle because petitioner's role under offences of Excise Act is not forthcoming: Justice P. B. Bajanthri

In Pradyumn Kumar vs. The State of Bihar through the Principle Secretary, Registration, Excise and Prohibition Department, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Justices P. B. Bajanthri and Shailendra Singh passed a 2-apge long order which reads: "Therefore, the Superintendent of Police, Vaishali is hereby directed the release the subject matter of vehicle within a period of two days" because prima facie petitioner's role under the offences of Excise Act is not forthcoming. The subject matter of vehicle was under the custody of the Superintendent of Police, Vaishali and he was not arrayed as necessary and proper party. 

Justice Bajanthri observed: "Be that as it may, in all certainty the Superintendent of Police, Saran should have communicated the orders of this Court dated 12.08.2025 insofar as releasing the subject matter of vehicle on the admitted fact that the subject matter of vehicle was involved for the offences under theft read with the vehicle was involved for the offences under Excise Act on misuse of the vehicle by some miscreants...."

In his earlier 1-page long order dated August 12, 2025, Justice Bajanthri observed:"The Superintendent of Police, Saran, is hereby directed to verify whether the subject matter of the vehicle was seized in connection with the offence under Section 379 of the Indian Penal Code (for theft of vehicle) followed by theft vehicle was involved for the offences under the Excise Act and F.I.R. Registered on 24.12.2024. If these facts are genuine, in that event, the Superintendent of Police, Saran, is hereby directed to release the subject matter of vehicle in favour of the petitioner after due verification of records of the vehicle within a period of one week from today." The petition was filed in the High Court on July 17, 2025 and registered on July 31, 2025.