Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12252 of 2019 ====================================================== Santosh Pandey S/o Jamuna Pandey @ Yamuna Pandey R/o Vill.- Saphi, P.s.- Brahampur, Distt.- Buxar ... ... Petitioner/s

Versus

1.

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

The Collector cum District Magistrate Buxar 3.

The Superintendent of Excise Buxar 4.

The Superintendent of Police Buxar 5.

The Officer-in-Charge Brahampur, P.s., Distt.- Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Respondent/s :

Mr. Vivek Prasad, G.P. 7 ====================================================== 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 has filed this petition for direction to the respondent authorities to release the vehicle (Hero Honda Passion Pro Motorcycle) bearing Registration No. BR 44J 9198 in favour of the petitioner which has been seized in connection with Brahmapur P.S. Case No. 598 of 2018 for the offences under Sections 30(A), 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

Patna High Court CWJC No.12252 of 2019(3) dt.21-01-2020 2/2 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.

No order as to costs.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U