Rupesh Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16011 of 2017 ====================================================== Rupesh Kumar Yadav Son of Shri Dharamnath Yadav resident of Village Haldhara, P.O. Haldhara Hat, P.S. Kurshakanta, District Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary-cum-Commissioner, Excise Department, Govt. of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Araria.

4.

The Superintendent of Police, Araria.

5.

The Superintendent of Excise, Araria.

6.

The Officer in Charge, Kurshakanta Kuari Police Station, District Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Adv.

For the Respondent/s :

Mr. Kumar Manish -SC-5 ====================================================== 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 08.08.2017 passed by the District Magistrate, Araria in Excise Confiscation Case No. 60 of 2017-18 whereby vehicle, namely, Bajaj Discover Motorcycle bearing Registration No. BR 38E 1542 has been confiscated and further direction to the respondents to release the vehicle seized in connection with Kurshakanta (Kuari) P. S. Case No. 122 of 2016 registered for

Patna High Court CWJC No.16011 of 2017(4) dt.21-01-2020 2/3 the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47 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.16011 of 2017(4) 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) Rajeev Kumar/- U