Feku Sharma, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13817 of 2019 ====================================================== Feku Sharma, Son of Shiv Pujan Sharma, resident of Village- Lauriya Block Chowk, Ward No. 05, Police Station- Lauriya, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Bettiah, West Champaran. 3.

The Superintendent of Police, Bettiah, West Champaran. 4.

The Officer-in-charge-cum- Investigating Officer, Nadi (Bagaha), West Champaran.

5.

The Excise Superintendent, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kishun Prasad, 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 Passion Axe Pro Motorcycle bearing Registration No. BR-22R-6600 Black Red Colour seized in connection with Nadi P.S. Case No. 03 of 2019, Confiscation Case No. C.K.M. 97 of 1920, registered for the offences under Section 30(a) 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

Patna High Court CWJC No.13817 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./-Sushma U