Dhanik Lal Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9715 of 2018 ====================================================== Dhanik Lal Yadav Son of Ram Bahadur Yadav Resident of Village - Ali Nagar, Tole Kazimpur, P.S. - Ali Nagar, District - Darbhanga Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna 3.

The District Magistrate-cum-Collector, Darbhanga, District - Darbhanga Bihar.

4.

The Superintendent of Excise, Darbhanga, District - Darbhanga Bihar. 5.

The Superintendent of Police, Darbhanga, District - Darbhanga Bihar. 6.

The Officer In-Charge, Ali Nagar Police Station, Darbhanga, District - Darbhanga Bihar.

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Respondent/s :

Mr.Vikash Kumar- Sc11 ====================================================== 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 05.01.2018 passed by the District Magistrate, Darbhanga, in Confiscation Case No. 05 of 2018 whereby vehicle, namely, Hero Honda Glamour Motorcycle bearing Registration No. BR07S-3973 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Ali

Patna High Court CWJC No.9715 of 2018(3) dt.21-01-2020 2/3 Nagar P.S. Case No. 84 of 2017 for the offences punishable under Sections 272 and 273 of the Indian Penal Code and 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.9715 of 2018(3) 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