Pradeep Kumar Roy @ Pradeep Roy @ Pradeep Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8514 of 2018 In Criminal Writ Jurisdiction Case No.152 of 2018 ====================================================== Pradeep Kumar Roy @ Pradeep Roy @ Pradeep Kumar, Son of Kailash Pati Roy, Resident of Amrauti, P.S. - Khanpur, District - Samastipur, Presently resident of Ward No. 05, Tola Sarahi, Nariyar, P.S. - Saharsa Sadar, District - Saharsa.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Excise Department, Bihar.
2. Director General of Police, Bihar, Patna.
3. Collector, Saharsa.
4. Superintendent of Police, Saharsa.
5. Thana Prabhari, P.S. - Saharsa Sadar, Saharsa. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Jha For the Respondent/s :
Mr. Anil Kumar Sinha -Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03-12-2018 Heard the parties.
Taking note of the fact that the confiscation order has already been passed and the same is appealable under the provisions of the Bihar Prohibition & Excise Act, 2016, learned counsel for the petitioner seeks permission to withdraw this application with liberty to file an appeal in accordance with law. Let this application be disposed of with liberty to the petitioner to file an appeal within a period of 30 days from today and in case such an appeal is filed within prescribed period, the
Patna High Court CWJC No.8514 of 2018(4) dt.03-12-2018 2/2 appellate authority shall consider the same keeping in mind that the petitioner was pursuing the matter before this Court and the appeal shall be heard on its own merit. If necessary, the petitioner shall file an application seeking condonation of delay. The provisional release earlier ordered shall be subject to final outcome of the appeal. If no appeal is preferred within the given period, the confiscating authority shall give effect to his order. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/ved/- U