Patna High CourtMJC/2258/2017dismissed

Mithilesh Kumar v. The State Of Bihar Thorugh Sri Anjani Kumar Singh, The Chief Secretary, Government Of Bihar, Patna

2017-11-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2258 of 2017 In Cr. WJC 775 of 2017 ====================================================== Mithilesh Kumar, Son of Sri Raj Kishore Prasad, Resident of VillageNigrain, Police Station-Bind, District-Nalanda. .... .... Petitioner

Versus

1. The State of Bihar through Sri Anjani Kumar Singh, the Chief Secretary, Government of Bihar, Patna.

2. Sri Amir Suhani, the Principal Secretary, Excise Departrment, Bihar, Patna.

3. Sri Aditya Kumar Das, the Excise Commissioner, Bihar, Patna.

4. Dr. Tyag Rajan, the District Magistrate, Nalanda at Biharsharif.

5. Sri Kumar Ashish, the Superintendent of Police, Nalanda at Biharsharif.

6. Sri Vijay Shankar Dubey, the Excise Superintendent, Nalanda at Biharsharif.

7. Sri Rajeev Ranjan Roy, the Officer Incharge Asthawan Police Station, District-Nalanda.

8. Sri Babloo Kumar, Son of Sudhir Singh, Resident of Village-Surumpur, P.S.-Silao, District-Nalanda.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh, Adv. For the Respondent/s : Mr. Pushkar Narain Shahi - AAG-6. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-11-2017 Heard learned counsel for the parties.

It appears that by order dated 29.06.2017 passed in Cr.W.J.C.No. 775 of 2017, this Court had directed ad interim release of the truck bearing Registration No.BR-21K-3144 seized in connection with Asthawan P.S.Case No. 9 of 2017. On the same day, the authorities auctioned the said truck for Rs.15,00,000/- (Fifteen Lacs) which would be evident from Annexure-B of the show cause.

Patna High Court MJC No.2258 of 2017 (5) dt.22-11-2017 The present application has been filed for punishing the opposite parties for contempt of order of this Court dated 29.06.2017.

After hearing the parties, in my view, there is no case of willful disobedience of order of this Court, as the authorities auctioned the vehicle on the same day when this Court had passed the order of interim release. Hence, this application has got no merit. Accordingly, it stands dismissed.

(Birendra Kumar, J) Nitesh/- U