Chandeshwar Kumar @ Chandreshekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13136 of 2019 ====================================================== Chandeshwar Kumar @ Chandreshekhar Kumar Son of Dev Prasad Ram Resident of Village- Nizampur, P.S. Goh, District- Aurangabad (BIHAR). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Excise, Government of Bihar, Patna.

2.

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Officer in- charge, Aurangabad Town Police Station, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari 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 the Hero Passion Pro motorcycle bearing Registration No. BR26G8265 which has been seized in connection with Aurangabad Town P.S. Case No. 152 of 2019 for the offences punishable under Sections 30(b) and 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 & Ors. and prays for disposal in terms thereof. As such, as prayed for, on mutually agreed terms, we

Patna High Court CWJC No.13136 of 2019(3) dt.21-01-2020 2/2 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) uday/- U