Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3185 of 2019 In Civil Writ Jurisdiction Case No.8126 of 2019 ====================================================== Randhir Kumar S/o Kapildev Yadav @ Kapildev Prasad Yadav R/o VillageGamhariya, Near Choak, Ward No. 12, P.S.-Sour Bazar, District-Saharsa ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Prohibition Excise and Registration Department, Govt. of Bihar, Patna 3.

The Commissioner Prohibition Excise and Registration Department, Govt. of Bihar, Patna 4.

The Collector-cum-District Magistrate Bhagalpur 5.

The Superintendent of Excise Bhagalpur 6.

The Superintendent of Police Bhagalpur 7.

The Station House Officer Industrial Area Police Station, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Vikash Kumar (Sc 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 17-08-2019 The writ petition was disposed of by the order dated 28.6.2019 directing for provisional release of the vehicle subject to the decision in confiscation proceeding.

It is now informed through this modification application that final orders have been passed in the confiscation proceeding and thus the release order passed by us cannot be given effect to because the release was subject to final orders in

Patna High Court MJC No.3185 of 2019(2) dt.17-08-2019 2/2 the confiscation proceeding.

In such view of the matter we grant liberty to the petitioner to file statutory appeal as available under the Bihar Prohibition and Excise Act, 2016 and whereafter an independent writ petition with the prayer for provisional release pending decision in the appeal, can be filed in the changed circumstances.

With the liberty above, we dispose of this modification application.

(Jyoti Saran, J) ( Partha Sarthy, J) Bibhash/- U