Anil Singh @ Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.887 of 2024 ====================================================== Anil Singh @ Anil Kumar Singh Son of Late Janakdeo Singh @ Kumar Janak Deo Singh R/o Plot No. 162, Cooperative Colony, Bokaro Steel City, P.S.- Bokaro Steel City, District- Bokaro (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Superintendent of Police, Banka.

4.

The Dy.S.P., Banka.

5.

The Station House Officer, Bounsi Police Station, District- Banka. 6.

The Investigating Officer of Bounsi P.S. Case No. 142 of 2021, Bounsi Police Station, District- Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, S.C. - 4 Mr. M Nath Raj, A.C. to S.C. - 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 19-01-2024 In the instant petition, petitioner has prayed for the following relief:

This writ application is being filed for release of the Golden Chain, Golden Brasslet, one Golden Ring, three I Phones, Cash Rs. 2,26,030/- one brown colour Trolly bag, Driving license, Credit Cards and Passbook seized from possession of the petitioner on 07.03.2022 in connection with Bounsi P.S. Case No. 142 of 2021 dated 06.07.2021 registered under Section 30(a), 32(2)/34 of the Bihar Prohibition and Excise Act pending in the Court of learned A.D.J. II - cum -Special Court, Excise, Banka in which the

Patna High Court CWJC No.887 of 2024(2) dt.19-01-2024 2/2 petitioner has been made accused being the owner of a bottling plant situated in the State of Jharkhand (Bokaro) having valid license thereof and further for issuance of any other appropriate writ/writs, order/orders, direction/directions for which the petitioners are entitled to in the facts and circumstances of the case.

2. For issuance of writ of Mandamus there must be demand before the competent authority such a demand is not forthcoming. Therefore, the present petition is premature. Accordingly petition stands disposed of.

3. Disposal of the present petition would not be a hurdle for the petitioner to invoke Rule 12 - A of Rules 2021 read with amendment of the aforementioned Rules in the year 2022 - 2023. If the petitioner submits application in the prescribed form, the same shall be considered by the competent authority within a period of two weeks from the date of receipt of such application.

4. With the aforesaid observation, petition stands disposed of.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) saurabhkr/- U