Patna High CourtMJC/1334/2018disposed

Rupesh Kumar @ Raja v. The State Of Bihar And ORS

2018-05-16Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1334 of 2018 In Criminal Writ Jurisdiction Case No. 703 of 2018 Arising out of Barahiya P.S. Case No. 176/2016, District Lakhisarai. ====================================================== Rupesh Kumar @ Raja, Son of Late Ramesh Singh, Resident of VillageWard No. 14, Police Station- Vidyapati Nagar, District- Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sri Amir Suhani, Principal Secretary, Excise Department, Government of Bihar, Patna. Son of name not known,

3. Sri Amit Kumar, Son of (name not known), District Magistrate, Lakhisarai.

4. Sri Kartikey K. Sharma, Son of (name not known), Superintendent of Police, Lakhisarai.

5. Sri Niraj Kumar, Son of (name not known), Police- Inspector-cumOfficer Incharge, Barahiya P.S., District- Lakhisarai. .... .... (Contemnors) - Opposite Parties. ====================================================== Appearance:

For the Petitioner/s : Mr. Mrigendra Kumar, Advocate. For the Respondent/s : Mr. Pushkar Narain Shahi, AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2018 It appears from the Show Cause filed on behalf of the District Magistrate, Lakhisarai that prior to passing of the order by this Court on 16.03.2018 in Cr.W.J.C. No. 703 of 2018 a final order of confiscation had already been passed by him on 06.12.2017.

On perusal of the materials available on the record it appears that even though the petitioner had pleaded about ongoing confiscation proceedings but the court was not informed about the finalization of the confiscation proceedings on the date of passing of the order by this Court. In this view of the matter the Show

Patna High Court MJC No.1334 of 2018 (4) dt.16-05-2018 2/2 Cause is hereby accepted.

The contempt proceeding is dropped with liberty to the petitioner to challenge the final order of confiscation in connection with Barahiya P.S. Case No. 176/2016, if so advised, in accordance with law.

(Rajeev Ranjan Prasad, J) Dilip, AR U T