Deepu Kumar @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22729 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -DUMRAUN District- BUXAR ====================================================== Deepu Kumar @ Arvind Kumar son of Birendra Kumar Singh, resident of village- Naya Bhojpur, P.S. -Dumraon, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-12-2017 In view of the statutory provision prescribed under Section 89 of the Bihar Prohibition and Excise Act, 2016, the instant application filed under Section 482 of the Code of Criminal Procedure (for short 'the Cr.P.C.') for quashing the order dated 29.03.2017 passed by the learned Additional District and Sessions Judge-2 -cum- Special Judge, Excise Act, Buxar in Dumraon P.S. Case No.18 of 2017 by which he has refused to release the motorcycle of the petitioner bearing Registration No.BR-44D8447 is dismissed as not maintainable. However, the petitioner would be at liberty to challenge the impugned order dated 29.03.2017 by way of filing an appeal under Section 89 of the Bihar Prohibition and Excise Act, 2016

Patna High Court Cr.Misc. No.22729 of 2017 (2) dt.05-12-2017 2/2 before this Court.

(Ashwani Kumar Singh, J) Md.S./- U T