Patna High CourtCWJC/13338/2019disposed

Munna Kumar v. The State Of Bihar

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13338 of 2019 ====================================================== Munna Kumar, S/o Krishna Yadav@Krishna Rai, R/o Diwan Mohalla Dulli Ghat, P.S.-Khajekalan, District-Patna ... ... Petitioner

Versus

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

2. The District Magistrate/Collector, Patna

3. The Sr. Superintendent of Police, Patna

4. The Superintendent of Police, Patna East

5. The Excise Superintendent, Patna

6. The Sub-Divisional Police Officer, Patna East

7. The Station House Officer, Khajekalan, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar, Advocate 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 the Apache motorcycle bearing Registration No. BR01DG-0150, seized in connection with Khajekalan P.S. Case No. 448/18, registered for the offence under Sections 273, 274 Indian Penal Code 30(a) of the Bihar Prohibition & 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

Patna High Court CWJC No.13338 of 2019(3) dt.21-01-2020 2/2 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) P.K.P./ SushmaU