Jalil Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14565 of 2019 ====================================================== Jalil Shah, S/o Asamail Shah, Vill.- Sugiya Katsari, Ward No. 3, P.S.- Sheohar, Distt.- Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna 2.

The Divisional Commissioner Tirhut Commissionaire, Muzaffarpur 3.

The District Magistrate cum Collector East Champaran at Motihari 4.

The Superintendent of Police East Champaran at Motihari 5.

The S.H.O. Patahi police station East Champaran at Motihari 6.

The Investigating Officer of Patahi P.S. Case no. 184/2019, East Champaran at Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, 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 New Hero Splendor (+) Motorcycle Glamour bearing chasis no. MBLHAW087KHE16739, Engine No. HA10AGKHE20171 seized in connection with Patahi P.S. Case No. 184 of 2019 for the offences punishable under Sections 30(a), 38 and 41 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

Patna High Court CWJC No. 14565 of 2019(3) dt.21-01-2020 2/2 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 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