Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10097 of 2020 ====================================================== Murari Kumar, Aged about 26 years, Male, Son of Siyaram Yadav, Resident of Village Ganesh Pur, P.S. - Kharika, Distt. Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Excise Department, Bhagalpur Division. 3.

The District Magistrate, Cum Collector, Banka. 4.

Superintendent of Police, Banka.

5.

Officer -in-Charge of Katoriya, Police Station, Distt.- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Advocate For the Respondent/s :

Mr.Vikash Kumar, S.C.-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following reliefs: - "For issuance of appropriate Writ(s), Direction(s), order(s) to the respondent authority for a direction to release the Pick up vehicle (Tata Xenon) bearing registration No. BR10GB-5011, Engine No.

45PCR10NPY642504, in favour of Petitioner, who is lawful owner of the said vehicle, (Arising out of Katoriya Excise Case No. 38/2020 dt. 13.06.2020, offences under section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018."

Patna High Court CWJC No.10097 of 2020 dt.18-01-2021 2/2 In this case, final order has already been passed by the authority concerned in Confiscation Case No. 141/2020-21 on 27.11.2020 and as such, a prayer has been made to withdraw the present writ petition with liberty to file an appeal before the appellant authority.

Prayer is allowed.

Accordingly, the writ petition stands dismissed as withdrawn with liberty, as indicated above.

(Sanjay Karol, CJ) ( Prabhat Kumar Singh, J) anay/- AFR/NAFR CAV DATE Uploading Date 19.01.2021 Transmission Date