Naresh Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4324 of 2018 ====================================================== Naresh Yadav, son of Chamari Yadav, resident of Village- Hariyadag, P.S.- Mohanpur, District- Gaya.

... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Gaya.

3.

The Superintendent of Police, Gaya.

4.

The Officer-in- Charge, Mohanpur Police Station, District- Gaya. 5.

The Assistant Excise Commissioner, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Satya Veer, Adv.

For the Respondents :

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 setting aside the order dated 26.09.2017 passed by the District Magistrate, Gaya in Confiscation (Excise) Case No. 164 of 2017 whereby vehicle, namely, Hero Honda Splender Plus Motorcycle bearing Registration No. BR 02Q 1272 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Barachatti (Mohanpur) P. S. Case No. 322 of 2017 registered for the offences punishable under Sections 272,

Patna High Court CWJC No. 4324 of 2018(3) dt.21-01-2020 2/3 273 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 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.

Patna High Court CWJC No. 4324 of 2018(3) dt.21-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U