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Patna High CourtCWJC/14742/2019disposed

Santosh Kumar v. The State Of Bihar

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14742 of 2019 ====================================================== Santosh Kumar, S/o Krishna Prasad, Resident of Village Ramji Chak House No. 29 P.O- Bataganj, P.S- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary of the Home Department, Bihar, Patna. 2.

The Collector-cum-District Magistrate, Patna. 3.

The Superintendent of Excise, Patna.

4.

The Excise Officer, District- Patna.

5.

The Officer-in-Charge of P.S. Sri Krishna Puri, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Usha Kumari Singh For the Respondent/s :

Mr. Vikash Kumar ( Sc11 ) ====================================================== 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 Bajaj Pulsar 150 Motorcycle bearing Registration No. BR01BV-4919 which has been seized in connection with Special Case No. 5258 of 2019, Sri Krishnapuri P.S. Case No. 203 of 2019, for the offences punishable under Sections 30(a) and 37 (b) 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.14742 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 downloaded from the internet.

No order as to costs.

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