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Patna High CourtCWJC/5966/2018disposed

Harendra Sahani 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.5966 of 2018 In Criminal Writ Jurisdiction Case No.2672 of 2017 ====================================================== Harendra Sahani S/o Ram Daras Sahani, R/o Linga Patti, P.S.- Padraura, District- Kushinagar, U.P.

... ... Petitioner/s

Versus

1.

The State of Bihar, through District Magistrate, West Champaran at Bettiah. 2.

The District Magistrate-cum-Collector West Champaran at Bettiah. 3.

The Superintendent of Police, Bagaha, West Champaran. 4.

The Superintendent of Excise, Bettiah, West Champaran. 5.

The Sub Divisional Police Officer, Bagaha, West Champaran. 6.

The Office in charge of Dhanaha Police Station, West Champaran. 7.

Mr. Rajesh Kumar cum-Investigating Officer, Dhanaha Police Station, in the District of West Champar 8.

Shivji Yadav-cum-A.S.I. Dhanaha-P.S. in the District of West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr.Vikash Kumar- Sc11 ====================================================== 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 15.09.2017/20.09.2017 passed by the District Magistrate West Champaran at Bettiah, in Confiscation Case No. C.R.M. 48 of 2017-18 whereby vehicle, namely, Bolero, bearing Registration No. UP57H-3679 has been confiscated and further direction to

Patna High Court CWJC No.5966 of 2018(4) dt.21-01-2020 2/3 the respondents to release the vehicle seized in connection with Dhanaha P.S. Case No. 03 of 2017 for the offences punishable under Section 30(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

Patna High Court CWJC No.5966 of 2018(4) dt.21-01-2020 3/3 the internet.

No order as to costs.

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