Niraj Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3063 of 2018 ====================================================== 1.

Niraj Kumar, Son of Sadhu Sah.

2.

Sunny Kumar, Son of Niraj Sah, 3.

Surendra Sah, Son of Shib Balak Sah, 4.

Krishan Kumar, Son of Surendra Sah.

All residents of Village- Shankar Dih, Parsa, Police Station- Parsa, District- Saran.

... ... Petitioners

Versus

1.

The State Of Bihar through the District Magistrate, Saran at Chapra 2.

The District Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran at Chapra. 4.

The Excise Commissioner, Saran at Chapra.

5.

The Superintendent of Excise, Saran at Chapra. 6.

The Sub-Divisional Officer, Sadar, Chapra.

7.

The Circle Officer, Parsa, Saran.

8.

The Officer-In-Charge, Parsa Police Station, Saran, Chapra. ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Ajay Kumar, Adv.

For the Respondents :

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 petitioners and the respondents.

The petitioners pray for setting aside the order dated 11.08.2017 passed by the District Magistrate, Saran at Chapra in Confiscation Case No. 76 of 2017 whereby the house of the petitioners has been confiscated/sealed and further direction to

Patna High Court CWJC No. 3063 of 2018(3) dt.21-01-2020 2/3 unseal and hand over the possession of the house to the petitioners sealed in connection with Parsa P. S. Case No. 6 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners 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

Patna High Court CWJC No. 3063 of 2018(3) dt.21-01-2020 3/3 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