Raj Narayan Jaiswal Alias Raj Narayan Chaudhary And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1328 of 2018 ====================================================== 1.

Raj Narayan Jaiswal Alias Raj Narayan Chaudhary S/o Late Chaturbhuj Chaudhary, resident of Village- Panapur, P.S. Karja, District- Muzaffarpur. 2.

Pintu Kumar Son of Raj Narayan Jaiswal @ Raj Narayan Chaudhary, resident of Village- Panapur, P.S. Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Muzaffarpur.

3.

The Superintendent of Police, Muzaffarpur.

4.

The Officer In Charge Karja Police Station Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Jha, Advocate For the Respondent/s :

Mr. Vivek Prasad -GP-7 ====================================================== 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 petitioners and the respondents.

The petitioners pray for setting aside the order dated 09.10.2017 passed by the District Magistrate, Muzaffarpur, in Confiscation Case No. 113 of 2017-18 whereby property of the petitioner has been confiscated and further direction to the respondents to release the property seized in connection with Karja P.S. Case No. 87 of 2017 for the offences punishable under Section 30(a), 35 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners invites our

Patna High Court CWJC No.1328 of 2018(4) dt.21-01-2020 2/2 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.

Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) mdrashid/- U