Patna High CourtCR. WJC/2048/2018allowed

Santosh Kumar Singh v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

2018-10-11Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2048 of 2018 Arising Out of PS. Case No.-305 Year-2017 Thana- JAYNAGAR District- Madhubani ====================================================== Santosh Kumar Singh S/o Shri Dinesh Kumar Singh, resident of MohallaBhelwa Tola, Jayanagar, P.S. Jainagar, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna.

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

3. The Director General of Police, Bihar, Patna.

4. The District Magistrate, Madhubani.

5. The Superintendent of Police, Madhubani.

6. The District Supply Officer, Madhubani.

7. The Deputy Superintendent of Police, Jainagar, Madhubani.

8. The Block Supply Officer, Jainagar, Madhubani.

9. The Station House Officer, Jainagar Police Station, Jainagar, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Respondent/s :

Mr. Kumar Manish (Sc 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-10-2018 This case has been listed today at the instance of the Court because at the time of signing of the order dated 09.10.2018, it was found that in the first paragraph of the petition learned counsel for the petitioner has restricted the relief with respect to release of the vehicle in question, in connection with Jainagar P.S. Case No. 305 of 2017 registered under Section 7 of the E.C. Act. Earlier in paragraph one of the petition the vehicle in question was shown to have been seized in connection with Jainagar P.S. Case No. 298 of 2017 registered under Sections 272, 273 of the Indian Penal Code and

Patna High Court Cr. WJC No.2048 of 2018(3) dt.11-10-2018 2/2 Section 30 (a) and 37 (b) of the Bihar Prohibition & Excise Act. It appears that in course of removal of stamp report defect the case No. 298 of 2017 has been cut off by mistake. In fact learned counsel for the petitioner submits that he was required to cut off the Jainagar P.S. Case No. 305 of 2017 registered under Section 7 of the E.C. Act.

Under the circumstances state above, let learned counsel for the petitioner carry on the correction in paragraph 1 of the application.

Accordingly, this application will be deemed to have been filed in respect of Jainagar P.S. Case No. 298 of 2017 and not in respect of Jainagar P.S. Case No. 305 of 2017. Learned counsel for the State is present.

In the given facts and circumstances of the case, the vehicle vehicle Hyundai Grand i10 bearing Registration No. BR-32N/1437 which has been seized in connection with Jainagar P. S. Case No. 298 of 2017 be released in view of the order dated 09.10.2018 passed in this case.

(Rajeev Ranjan Prasad, J) avin/- U T