Dharmendra Bajpai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12626 of 2019 ====================================================== Dharmendra Bajpai Son of Anandi Bajpai @ Anand Prasad Resident of Village- Sherpur lawal, P.S.- Nigohan, District- Lucknow (U.P.) ... ... Petitioner/s

Versus

1.

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

2.

The Director General of Police Bihar, Patna.

3.

The Excise Commissioner Bihar, Patna.

4.

The Inspector General of Police Bihar, Patna. 5.

The District Magistrate/ Collector Gopalganj. 6.

The Superintendent of Police Gopalganj.

7.

That Excise Superintendent of Police Gopalganj. 8.

The Investigating Officer of Kateya P.S. Case no. 95/18 dated 17.04.18, Kateya Police Station, Gopalganj.

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

For the Petitioner/s :

Mr.Javed Aslam 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 Magic Van bearing Registration No. UP-32GN-3040 which has been seized in connection with Kateya P.S. Case No. 95 of 2018 for the

Patna High Court CWJC No.12626 of 2019(4) dt.21-01-2020 2/3 offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and 11(i)(d) of Animal Cruelty.

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 the internet.

Patna High Court CWJC No.12626 of 2019(4) dt.21-01-2020 3/3 No order as to costs.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U