Fulchand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1534 of 2020 ====================================================== Fulchand Ray, Son of Shyamrup Ray, Resident of Ward No. 1, Midraul, Police Station- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The District Magistrate, Araria.

3.

The Superintendent of Police, Araria.

4.

The O/C Narpatganj Police Station, Araria.

5.

Sri Umesh Prasad, Police Sub-Inspector, Narpatganj P.S., Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-01-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner prays for release of the vehicle namely T.V.S. Victor Motorcycle bearing registration no. BR 50K7249 seized in connection with Narpatganj P.S. Case No. 572 of 2019 for the offences punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner invites our attention to the order dated 9th January, 2020 passed in CWJC No.

Patna High Court CWJC No.1534 of 2020(2) dt.23-01-2020 2/3 No.20598 of 2019 titled as Md. Shaukat Ali 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 9th January, 2020 passed in CWJC No. No.20598 of 2019 titled as Md. Shaukat Ali 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. No.20598 of 2019 titled as Md. Shaukat Ali Vs. The State of Bihar & Ors. which can be conveniently down loaded from the internet.

Petitioner undertakes to appear in the office of the concerned appropriate authority/the concerned District Magistrate, on the 10th of February, 2020 and apprise him of the passing of the order.

No order as to costs.

Patna High Court CWJC No.1534 of 2020(2) dt.23-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- U