Ashok Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13990 of 2019 ====================================================== Ashok Kumar Dubey, Son of late Shyam Bihari Dubey, Resident of MohallaNew Area, Joda Mandir, P.O. and P.S. Dehri, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Kaimur at Bhabhua.

3.

The Superintendent oif Excise, Kaimur at Bhabhua. 4.

The District Excise Officer, Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhouri Vipin Bihari Shrivastava, Advocate For the Respondent/s :

Mr.Kumar Manish ( SC-5 ) ====================================================== 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 vehicle, namely, Bajaj Pulsar 150 Motorcycle bearing registration no. BR 26N 1738 seized in connection with Excise P.R. No. 38 of 2018-19 for the offences punishable 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 prays for disposal in terms thereof.

Patna High Court CWJC No. 13990 of 2019(3) dt.21-01-2020 2/2 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 down loaded from the internet.

No order as to costs.

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