Sharma Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9356 of 2018 ====================================================== Sharma Paswan Son of Haruni Paswan, Resident of Village- Shyampur Kotrahan, Police Station- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Registrarion Excise and Prohibition Department, Government of Bihar, Patna 3.

The Collector-cum-District Magistrate, West Champaran at Bettiah. 4.

The Superintendent of Police, Bettiah, West Champaran. 5.

The Officer in charge Bettiah Town Police Station, Bettiah, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 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 setting aside the order dated 20.02.2018 passed by the District Magistrate, Bettiah, West Champaran, in Case No. C.R.M.Case No. 336 of 2017-18, (arising out of Bettiah Town Station Case No. 651 of 2017) whereby vehicle, namely, Auto Ricksaw (Tempo) bearing Engine No. R7C2-867046 and Chesis No.

MBX0003BFVD442440 has been confiscated and further

Patna High Court CWJC No.9356 of 2018(3) dt.21-01-2020 2/3 direction to the respondents to release the vehicle seized in connection with Bettiah Town Station Case No. 651 of 2017 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

Patna High Court CWJC No.9356 of 2018(3) dt.21-01-2020 3/3 the internet.

No order as to costs.

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