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Patna High CourtCWJC/5425/2018disposed

Amarjit Jha v. The State Of Bihar And ORS

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5425 of 2018 ====================================================== Amarjit Jha son of Tej Narayan Jha, Resident of Village- Rajkhand, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Collector-cum- District Magistrate, Sitamarhi. 5.

The Deputy Superintendent of Police, Sitamarhi. 6.

The Excise Superintendent, Sitamarhi.

7.

The Officer-in- Charge, Majorganj, District- Sitamarhi. 8.

The Excise Officer Constable, Sitamarhi.

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

For the Petitioner/s :

Mr. Devendra Kumar For the Respondent/s :

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 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. 258 of 2017 whereby vehicle, namely, Commander Zeep bearing Registration No. OR-22-5315 has been confiscated and further direction to the respondents to

Patna High Court CWJC No.5425 of 2018(4) dt.21-01-2020 2/3 release the vehicle seized in connection with Majorganj P.S. Case No. 146 of 2017 for the offences punishable under 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.

Patna High Court CWJC No.5425 of 2018(4) dt.21-01-2020 3/3 No order as to costs.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) mdrashid/- U