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Patna High CourtCR. WJC/197/2022disposed

Ramayan Singh v. The State Of Bihar Through The Principal Secretary, Deptt. Of Excise, Govt. Of Bihar, Patna

2022-12-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.197 of 2022 Arising Out of PS. Case No.-228 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ramayan Singh, Son of Late Kamla Singh Resident of Village - Bairia Thakurai, P.S. Uchkagaon, District - Gopalganj. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Deptt. of Excise, Govt. of Bihar, Patna 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Deputy Superintendent of Police, Gopalganj. 5.

The officer - In- Charge Kuchaikote Police Station, District - Gopalganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramodh Kumar Verma,Advocate Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr. Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2022 This writ application has been filed seeking release of the vehicle which has been seized in connection with Kuchaikote P.S. Case No. 228 of 219 registered under Sections 409, 420, 120(B) of the Indian Penal Code and Section 30(a)/41(i)/48 of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the State has pointed out that in such matters, the Hon'ble Division Bench of this Court has issued directions in the case of Diwakar Kumar Singh versus State of Bihar and Others reported in 2018 (3) PLJR 403. Learned counsel for the State, therefore, submits that the petitioner may seek his remedy before the competent authority

Patna High Court CR. WJC No.197 of 2022(2) dt.19-12-2022 2/2 in the light of the judgment of the Hon'ble Division Bench. In the aforesaid view of the matter, this writ application is being disposed of with liberty to the petitioner to seek release of the vehicle in question in the light of the judgment of the Hon'ble Division Bench as has been pointed out by the State.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T