Kabindra Kumar Pal @ Kabindra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9441 of 2018 In Criminal Writ Jurisdiction Case No.458 of 2018 ====================================================== Kabindra Kumar Pal @ Kabindra Kumar S/o Ram Bachan Pal, Resident of Village- Indour, P.S.- Dinara, District- Rohtas, Presently address- Buxar, P.S.- Buxar, District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, the Department of Excise, the Government of Bihar, Patna.

2.

The District Magistrate cum Collector, Kaimur (Bhabhua). 3.

The Superintendent of Police, Bhabua.

4.

The Deputy Superintendent of Police, Mohania Kaimur Bhabua. 5.

The Station House Officer, Ramgarh Nuaon District- Kaimur Bhabua. 6.

Manoj Kumar A.S.I., Ramgarh Nuaon P.S. Ramgarh Nuaon District- Kaimur Bhabua.

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Vivek Prasad -Gp7 ====================================================== 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 release the Platina bearing Registration No. BR44F-1893 has been seized in connection with Ramgarh (Nuaon) P.S. Case No. 266 of 2017 for the offences punishable under Sections 30(a), 38(i) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.9441 of 2018(4) dt.21-01-2020 2/3 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.9441 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) Ravi/- U