Raj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15742 of 2017 ====================================================== Raj Kumar Son of Late Shambhu Prasad Singh, Resident of MohallaRaniganj, P.O. and P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar. 2.

The Excise Commissioner, Bihar, Patna.

3.

The District Collector cum District Magistrate, Purnea. 4.

The State of Bihar through the Director General of Police, Bihar. 5.

The Superintendent of Police, District- Purnea. 6.

Station House Officer, K Hat Maranga Police Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar, Adv.

For the Respondent/s :

Mr. Vikash Kumar - SC-11 ====================================================== 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 04.07.2017 passed by the District Magistrate, Purnea in Excise Case No. 18 of 2017 whereby the movable and immovable property of the petitioner being the plot of land bearing Khata No. 06, Khesra No. 05 and Rekba-0.10 decimels and house along with seized movable property with the said premises have been confiscated/sealed and further direction to the respondents

Patna High Court CWJC No.15742 of 2017(4) dt.21-01-2020 2/3 to unseal and hand over the possession of the said property to the petitioner in connection with K. Hat (Maranga) P. S. Case No. 127 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(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

Patna High Court CWJC No.15742 of 2017(4) dt.21-01-2020 3/3 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) Rajeev Kumar/- U