← Library
Patna High CourtCWJC/15121/2019disposed

Manoj Kumar Jha @ Tuntun Jha 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.15121 of 2019 ====================================================== Manoj Kumar Jha @ Tuntun Jha son of Mohan Jha @ Mahakant Jha resident of Village- Bhattabadi Mandir Tola, Ward No. 13 Matiari, Police StationForbesganj, District- Araria. ... ... Petitioner/s

Versus

1.

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

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Araria.

4.

The Superintendent of Police, Araria.

5.

The Superintendent of Excise, Araria.

6.

The S.H.O. Forbesganj Police Station, District- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Respondent/s :

Mr. Vivek Prasad (Gp7) ====================================================== 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 Glamour motorcycle bearing Registration No. BR38S-3543, seized in connection with Forbesganj P.S. Case No. 368 of 2019, registered for the offences under Sections 272, 273 of the Indian Penal Code and 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

Patna High Court CWJC No.15121 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 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