Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1738 of 2020 ====================================================== Tuntun Kumar Son of Late Ramprakash Singh Resident of Village- Ramdiri Mahaji, P.S.- Matahani, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Home (Police), Department, Government of Bihar, Patna.

2.

The Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The District Magistrate, Begusarai.

4.

The Director General of Police, Bihar, Patna. 5.

The Superintendent of Police, Begusarai.

6.

The S.H.O. of Begusarai Mufassil (Singhaul) Police Station, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Respondent/s :

Mr. Vivek Prasad, G.P. 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-01-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner has filed this petition for direction to the respondent authorities to release two mobile phones (Vivo) bearing IMEI Nos. 860913048378957, 860913048378940 and 866297046549650, 866297046549643 in favour of the petitioner which have been seized in connection with Begusarai Mufassil (Singhaul) P.S. Case No. 475 of 2019 for the offences

Patna High Court CWJC No.1738 of 2020(2) dt.24-01-2020 2/3 under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Learned counsel for the petitioner invites our attention to the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. and prays for disposal in terms thereof. As such, as prayed for, on mutually agreed terms, we dispose of the present petition in terms of the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. making the terms contained therein, applicable mutatis mutandis, insofar as applicable, also to the instant petition. The terms of the said order shall be deemed to have been incorporated and read as a part and parcel of the present order. It shall be obligatory on the part of the instant parties to place on record of the authorities under the provision of the Bihar Prohibition and Excise Act, 2016, a copy of not only the order passed in the instant petition, but also that of CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. which can be conveniently downloaded from the internet.

No order as to costs.

Patna High Court CWJC No.1738 of 2020(2) dt.24-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uma/- U