Satish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15406 of 2017 ====================================================== Satish Kumar son of late Banshraj Prasad R/o village Maghwar Khas, P.S. Chandauli, District Chandauli U.P.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner, Excise Department, State of Bihar, Patna.

2.

The Collector cum District Magistrate, Kaimur at Bhabua. 3.

The Superintendent of Police, Kaimur at Bhabua. 4.

The Officer-in-Charge of Durgawati Police Station, Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Respondent/s :

Mr. Vikash Kumar - SC-11 ====================================================== 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 25.08.2017 passed by the District Magistrate, Kaimur at Bhabua in Vehicle Confiscation Case No. 17 of 2017-18 whereby vehicle, namely, three wheeler Maxima Bajaj Tampo bearing Registration No. UP 67T 8424 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Durgawati P. S. Case No. 44 of 2017 registered for the offences punishable under Sections 30(a), 38 of the Bihar Prohibition and Excise (Amendment) 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

Patna High Court CWJC No.15406 of 2017(4) dt.21-01-2020 2/2 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.

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