Devendra Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14806 of 2018 ====================================================== Devendra Sahani Son of Yogendra Sahani Resident of Village - Bishanpur, P.S. - Ouratai, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Darbhanga.

3.

The Superintendent of Police, Darbhanga.

4.

The S.H.O., Darbhanga.

5.

The District Transport Officer, Darbhanga.

6.

Mahanand Yadav, S.I. Son of late Chandra Yadav Village - Khuraha, P.S. - Lodipur, District - Bhagalpur at present posted as Baheri, Camp - Karigama, District - Darbhanga.

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

For the Petitioner/s :

Mr. Baidya Nath Thakur, Advocate For the Respondent/s :

Mr. Vikash Kumar, S.C. 11 ====================================================== 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 08.06.2018 passed by the District Magistrate, Darbhanga, whereby Scorpio vehicle of the petitioner bearing Registration No. BR 07P 1331 has been confiscated and further direction to the respondents to release the vehicle in question seized in connection with Excise Confiscation Case No. 230 of 2017

Patna High Court CWJC No.14806 of 2018(3) dt.21-01-2020 2/3 arising out of Baheri P.S. Case No. 207 of 2017 for the offences punishable under 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.14806 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) uma/- U