Rajesh Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5775 of 2018 ====================================================== Rajesh Mahto Son of Baidhnath Mahto, Resident of Village-Maudah, Police Station-Sahiyara, District-Sitamarhi.

... ... Petitioner/s

Versus

1.

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

The Collector-Cum-District Magistrate, Sitamarhi. 3.

The Superintendent of Excise, Sitamarhi. The Officer-In-Charge of Sahiyara Police Station, District ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Respondent/s :

Mr. GA1 ====================================================== 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 19.01.2018 passed by the District Magistrate Sitamarhi, in Confiscation Case No.16 of 2017 whereby vehicle bearing Registration No. BR 30N 6122 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Sahiyara P.S. Case No. 140 of 2016 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 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

Patna High Court CWJC No.5775 of 2018(3) dt.21-01-2020 2/2 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) uday/rahul/- U