Pradeep Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9589 of 2018 In Criminal Writ Jurisdiction Case No.2750 of 2017 ====================================================== Pradeep Sah Son of late Sohan Sah, Resident of rambagh Chouri, P.S.- Mithanpura, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary-Cum-Commission, Excise Department, Government of Bihar, Patna.

3.

The Collector-Cum-District Magistrate, Muzaffarpur. 4.

The Senior Superintendent of Police, Muzaffarpur. 5.

The Sub-Divisional Officer, East Muzaffarpur, District-Muzaffarpur. 6.

The Circle Officer, Mushahari, District-Muzaffarpur. 7.

The Excise Superintendent, Muzaffarpur, District-Muzaffarpur. 8.

The Excise Inspector, Town Achal, District-Muzafarpur. 9.

Officer-in-Charge of Mithanpura Police Station, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.Vivek Prasad -Gp7 ====================================================== 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 27.7.2017 passed by the District Magistrate, Muzaffarpur, in Confiscation Case No.33/2016-17 whereby house of the petitioner has been confiscated and further direction to the

Patna High Court CWJC No.9589 of 2018(5) dt.21-01-2020 2/3 respondents to release the vehicle seized in connection with Excise Case No. 274 of 2016 for the offences punishable under 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.

Patna High Court CWJC No.9589 of 2018(5) dt.21-01-2020 3/3 No order as to costs.

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