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Patna High CourtCWJC/4197/2018disposed

Ram Bilash Sah v. The State Of Bihar And ORS

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4197 of 2018 ====================================================== Ram Bilash Sah, Son of Babulal Sah, Resident of Village- Saidpur, P.S. Ganga Bridge, District- Vaishali.

... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna. 2.

The District Magistrate-cum- Collector, Vaishali 3.

The Superintendent of Excise, Vaishali.

4.

The Superintendent of Police, Vaishali.

5.

The S.H.O. , Lalganj Police Station, District Vaishali. 6.

Sri Ramesh Prasad Singh, S.I. Lalganj P. S. (Investigating Officer of Lalganj P. S. Case No. 234 of 2016), District Vaishali ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar, Adv.

For the Respondents :

Mr. A.K. Sinha- GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-01-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner prays for setting aside the order dated 20.06.2017 passed by the District Magistrate, Vaishali in Confiscation Case No. 38 of 2017 whereby vehicle, namely, Ashok Leyland Dost Body (Magic) bearing Registration No. BR 06GB 7588 has been confiscated and further direction to the respondents to release the vehicle seized in connection with

Patna High Court CWJC No. 4197 of 2018(4) dt.21-01-2020 2/3 Lalganj P. S. Case No. 234 of 2016 registered for the offences punishable under Sections 47(A)(1)(F)(E), 51, 52, 54 of the Bihar Prohibition and Excise Act, 2016.

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.

Patna High Court CWJC No. 4197 of 2018(4) dt.21-01-2020 3/3 No order as to costs.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U