Sulekha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5014 of 2018 ====================================================== Sulekha Devi Wife of Raj Kumar Mandal Resident of Village - Kemai Sondeep, P.S. - Bhawanipur, District - Purnea. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector-cum-District Magistrate, Purnea. 3.

Superintendent of Police, Purnea.

4.

S.H.O. Dhamdaha P.S., District - Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Respondent/s :

Mr. Kumar Manish- S.C. 5 ====================================================== 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 30.01.2018 passed by the learned Collector, Purnea, in Excise Case No. 226 of 2017 whereby the vehicle (Tempo) of the petitioner bearing Registration No. BR 11T 1441 has been confiscated and further direction to the respondents to release the vehicle in question seized in connection with Excise Case No. 226 of 2017 arising out of Rupauli (Mohanpur) P.S. Case No. 158 of 2017 for the offences punishable under Sections 272,

Patna High Court CWJC No.5014 of 2018(3) dt.21-01-2020 2/3 273 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 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.

Patna High Court CWJC No.5014 of 2018(3) dt.21-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uma/- U