Nandu Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3594 of 2018 ====================================================== Nandu Mahto, Son of late Mahato, R/o Village- Berabas, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner

Versus

1.

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

2.

The Collector/District Magistrate, Sitamarhi. 3.

The Senior Superintendent of Police, Sitamarhi. 4.

The Excise, Superintendent, Sitamarhi.

5.

The Excise Inspector, Sitamarhi.

6.

The Officer in Charge, Dumara, P.S. Sitamarhi. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Av.

For the Respondents :

Mr. Vivek Prasad -GP-7 ====================================================== 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 08.12.2017 passed by the District Magistrate, Sitamarhi in Confiscation Case No. 129 of 2017 whereby the house of the petitioner has been confiscated/sealed and further direction to the respondents to unseal and hand over the possession of the house to the petitioner sealed in connection with Dumar P. S. Case No. 145 of 2016 registered for the offences punishable

Patna High Court CWJC No. 3594 of 2018(3) dt.21-01-2020 2/3 under Sections 272, 273 of the Indian Penal Code and Section 47(a) 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.

No order as to costs.

Patna High Court CWJC No. 3594 of 2018(3) dt.21-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U