Jitendra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13525 of 2019 ====================================================== Jitendra Chaudhari, son of Late Asarafi Chaudhari, resident of Village- Khori Pakar, P.S. Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

2. The District Magistrate, Siwan

3. The Superintendent of Police, Siwan

4. S.H.O. Basantpur, District- Siwan.

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

For the Petitioner/s :

Mr.Arbind Kumar Singh, Advocate For the Respondent/s :

Mr.Kumar Manish (SC5) ====================================================== 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 Hero motorcycle Splendor Pro bearing Registration No. BR-29T5941, seized in connection with Basantpur P.S. Case No. 95/19, registered for the offence under Section 272, 273, 308 of Indian Penal Code and 30(a)/38(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 prays for disposal in terms thereof.

As such, as prayed for, on mutually agreed terms, we

Patna High Court CWJC No.13525 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) P.K.P./ SushmaU