Sudama Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11945 of 2018 ====================================================== Sudama Choudhary Son of Tuntun Choudhary, Resident of Village- Parsagarh Bazar, Pasi Tola, Police Station- Ekma, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director General of Police, Patna.

3.

The Collector cum District Magistrate, Saran, Saran at Chapra. 4.

The Superintendent of Police, Saran, Saran at Chapra. 5.

The Sub Divisional Officer, Sadar, District- Saran. 6.

The Officer-in-Charge, Ekma Police Station, District- Saran. 7.

The Excise Superintendent, Saran, Chapra.

8.

The Excise Inspector, Ekma, District- Saran.

9.

The Circle Officer, Ekma, District- Saran.

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

For the Petitioner/s :

Mr.Narendra Kumar, Adv.

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 25.7.2017 passed by the District Magistrate, Saran at Chapra, in Confiscation Case No.294/17 whereby house of the petitioner has been sealed and confiscated and further direction to the respondents to unseal and hand over the possession of the

Patna High Court CWJC No.11945 of 2018(3) dt.21-01-2020 2/3 property sealed and confiscated in connection with Ekma P.S. Case No. 166/16 for the offences punishable under Sections 272,/273 of I.P.C. and Section 47 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

Patna High Court CWJC No.11945 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) K.C.Jha/- U