Nitish Kumar v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12300 of 2019 ====================================================== Nitish Kumar S/o Daharu Mahto Vill.- Sohalpur, Ward No. 01, P.o.- Tetri, P.s.- Dandari, Distt.- Begusarai, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar, 2.

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

The District Magistrate Begusarai 4.

The Sub Divisional Officer Begusarai Sadar, Distt.- Begusarai 5.

The Superintendent of Police Begusarai Distt.- Begusarai 6.

The Deputy Superintendent of Police Begusarai, Distt.- Begusarai 7.

The Officer-in-Charge of Birpur Police Station Distt.- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, 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 has filed this petition for direction to the respondent authorities to release the vehicle (Hero H.F. Delux Motorcycle) bearing Registration No. BR 09T 6284 in favour of the petitioner which has been seized in connection with Birpur P.S. Case No. 82 of 2018 for the offences under Sections 30/32 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

Patna High Court CWJC No.12300 of 2019(3) 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) K.C.Jha/- U