Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15003 of 2019 ====================================================== Shobha Devi W/o Sri Nawal Kishore Tebriwal, Permanent resident of Village Sonaru,PS Fatuha,Dist.Patna C/o Husband's Home Addresws Gita Govind Niwas,Nai Bazar,Jumma Masjid,Town and Dist.Muzaffarpur at present residing at Mohalla Mirzapur,PS Town,Dist.Darbhanga (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Collector-cum-Dist.Magistrate, Darbhanga 3.

The Superintendent of Excise, Darbhanga 4.

The Superintendent of Police, Darbhanga 5.

The Officer-in-Charge, Sadar Police Station,Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash, Adv.

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) 10-01-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

This is an application for release of the seized vehicle Maruti Suzuki (swift) car bearing No.BR-01CN-0116 in connection with Darbhanga Sadar P.S. Case No. 487 of 2018, G.O. Case No.1091 of 2018 registered under Sections 341/323/353/34 of I.P.C. and 37(c) of Bihar Prohibition and Excise Act, 2016.

Affidavit is taken on record.

In our considered view, since disputed questions of fact arise for consideration which cannot be adjudicated in the writ

Patna High Court CWJC No.15003 of 2019(5) dt.10-01-2020 2/2 petition, we dispose of the petition reserving liberty to the petitioner to avail such other remedies as are available in accordance with law.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U