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Patna High CourtCWJC/7100/2018disposed

Viresh Manjhi 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.7100 of 2018 In Criminal Writ Jurisdiction Case No.2215 of 2017 ====================================================== Viresh Manjhi S/o late Pahari Manjhi a resident of Mirazpur, Dalit Basti, P.S.- Marhowrah, District- Saran.

... ... Petitioner

Versus

1.

The State Of Bihar and Ors 2.

The Collector-cum-District Magistrate, Saran, Chapra. 3.

The Senior Deputy Collector, Saran ,Chapra.

4.

The Superintendent of Police, Saran, Chapra.

5.

The Excise Superintendent, Saran, Chapra.

6.

The Sub Divisional Police Officer, Marhowrah. 7.

The Station House Officer, Marhowrah, Saran.

8.

The Circle Officer, Marhowrah,Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Harish Kumar For the Respondents :

Mr.Kumar Manish -Sc5 ====================================================== 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 18.08.2017 passed by the District Magistrate, Saran, Chapra in Case No 137/2017 whereby dwelling house of the petitioner has been confiscated and further direction to the respondents to unseal and handover possession of the same sealed in

Patna High Court CWJC No.7100 of 2018(3) dt.21-01-2020 2/3 connection with Marhowrah P.S. Case No. 43/2017 for the offences punishable under Sections 188, 272, 273, 308 of the Indian Penal Code and Section 30(a) /38 of the Bihar Prohibition and Excise (Amendment) 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.

Patna High Court CWJC No.7100 of 2018(3) dt.21-01-2020 3/3 the internet.

No order as to costs.

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