Shivshankar Yadav @ Shivshankar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12029 of 2019 ====================================================== Shivshankar Yadav @ Shivshankar Prasad Yadav Late Ramdhani Yadav @ Late Ramdhani Gope R/o Langartoli,Near Devi Asthan,P.S. Kadamkuan,Dist.-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Registration,Excise and Prohibition Department,Govt. of Bihar,Patna 2.

The Collector-cum-District Magistrate, Patna 3.

The Superintendent of Police, Patna 4.

That Superintendent of Excise, Patna 5.

That Officer in Charge of Kadamkuan Police Station, Dist.-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nityanand 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 release of his shop which has been sealed and confiscated and further direction to the respondents to unseal and hand over the possession of the property sealed and confiscated in connection with Kadamkuan P.S. Case No. 291 of 2018 for the offences

Patna High Court CWJC No.12029 of 2019(3) dt.21-01-2020 2/3 punishable under Section 30(a)/38 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

Patna High Court CWJC No.12029 of 2019(3) dt.21-01-2020 3/3 be conveniently downloaded from 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