Mithlesh Chaudhary @ Mithilesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12602 of 2019 ====================================================== Mithlesh Chaudhary @ Mithilesh Chaudhary Son of Late Ganesh Chaudhary Vill.- Pachauri, P.S.- Satyagawan, District- Kodarma. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary Excise Department Govt. of Bihar, Patna. 3.

The District Magistrate Nawada.

4.

The Superintendent of Police Nawada.

5.

The Officer -in- Charge Cum S.H.O. Police Station Govindpur, DistrictNawada. 6.

The Excise Officer Govindpur, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== 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 quashing the order dated 26.04.2019 passed by the Additional District and Sessions Judge-II-cum-Special Judge, Nawada in Govindpur P.S.Case No. 229 of 2018 whereby vehicle, namely, Passion Pro bearing Registration No. JH-11M-5910 has been confiscated and further

Patna High Court CWJC No.12602 of 2019(3) dt.21-01-2020 2/3 direction to the respondents to release the vehicle seized in connection with Govindpur P.S.Case No. 229 of 2018 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

Patna High Court CWJC No.12602 of 2019(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) sujit/- U