Deepak Kumar Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7629 of 2018 In Criminal Writ Jurisdiction Case No.256 of 2018 ====================================================== Deepak Kumar Chaudhary Son of Vishwanath Chaudhary, Resident of Village- Katra, P.S. Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

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

District Magistrate-Cum- Collector, Muzaffarpur. 4.

Excise Superintendent of Muzaffarpur.

5.

S.H.O. Katra Police, P.S. Katra, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Kumar Manish -Sc5 ====================================================== 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 quashing the order dated 13.06.2017 passed by the Collector-cum-District Magistrate, Muzaffarpur in Confiscation Case No. 17/2017-18 whereby vehicle, namely, Motor Cycle bearing Registration No. BR06AN-2371 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Katra P.S. Case No. 87/2016 for the offences punishable under

Patna High Court CWJC No.7629 of 2018(4) dt.21-01-2020 2/3 Sections 272, 273 of the Indian Penal Code and Sections 30(A)/35(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.7629 of 2018(4) dt.21-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ranjeet/- U