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Patna High CourtCWJC/17849/2017disposed

Banshi Manjhi v. The State Of Bihar And ORS

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17849 of 2017 ====================================================== Banshi Manjhi Son of Late Rameshwar Manjhi, Resident of Gouyra Bazar Gaura, P.S.- Marhaurah, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Inspector General of Excise and Registration, Government of Bihar, Patna.

3.

The Collector-cum-District Magistrate, Saran at Chapra. 4.

The Superintendent of Police, Saran at Chapra. 5.

The Excise Superintendent, Saran at Chapra.

6.

The Sub-Divisional Officer, Marhaurah, Saran. 7.

The Circle Officer, Marhaurah, Saran.

8.

The Block Development Officer, Marhaurah, Saran. 9.

The Station House Officer, Marhaurah, P.S. District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate 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 29.08.2017 and 19.09.2017 passed by the District Magistrate, Saran, Chapra, in Confiscation Case No. 140 of 2017 whereby house of the petitioner has been confiscated and further direction to the respondents to release the house seized in

Patna High Court CWJC No.17849 of 2017(4) dt.21-01-2020 2/3 connection with Marhaurah (Gaura O.P.) P.S. Case No. 397 of 2016 for the offences punishable under Sections 188, 308, 272, 373 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

Patna High Court CWJC No.17849 of 2017(4) 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) mdrashid/- U