Ashutosh Kumar Anand @ Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10662 of 2019 ====================================================== Ashutosh Kumar Anand @ Shambhu Rai S/o Ramchandra Ray Resident of VillageDumharpatti,P.S.Pupri,Dist.-Sitamarhi ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Excise and Prohibition Department,Govt. of Bihar,Patna 3.

The Collector-cum-District Magistrate, Sitamarhi 4.

The Superintendent of Excise, Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Niwas Singh, Advocate For the Respondent/s :

Mr. Vivek Prasad, G.P. 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 has filed this petition for direction to the respondent authorities to release the vehicle (HML Passion X Pro Motorcycle) bearing Registration No. BR 30K 3330 in favour of the petitioner which has been seized in connection with Sursand P.S. Case No. 173 of 2018 for the offences under Sections 30(a), 38, 41 of the Bihar Prohibition and Excise Amendment Act, 2018.

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.

Patna High Court CWJC No.10662 of 2019(4) dt.21-01-2020 2/2 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) uma/- U