Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12559 of 2019 ====================================================== Nitesh Kumar Son of Krishna Mohan Prasad, Resident of Vidya Apartment Chitragupt Nagar, flat No. 402, P.s.- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate/ Collector, Vaishali at Hajipur. 3.

The Superintendent of Police, Vaishali at Hajipur. 4.

The Excise Superintendent, Vaishali at Hajipur. 5.

The Subdivisional Police Officer, Vaishali at Hajipur. 6.

The Station House Officer, Sarai, Vaishali.

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

For the Petitioner/s :

Mr.Harish 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 release of HYU EON D-LITE car bearing Registration No. BR-01PH-2288 which has been seized in connection with Sarai P.S. Case No. 78 of 2019 for the offences punishable under Sections 30(a), 37 (C) 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 &

Patna High Court CWJC No.12559 of 2019(3) dt.21-01-2020 2/2 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) sujit/- U