Rahul Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.294 of 2018 ====================================================== Rahul Kumar Son of Bijay Sah Resident of Village-Samastipur, P.S. Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate Begusarai, DistrictBegusarai. 2.

The District Magistrate, Begusarai, District- Begusarai. 3.

The Superintendent of Police, Begusarai, District Begusarai. 4.

The Sub-Divisional Police Officer, Baliya, District- Begusarai. 5.

The Inspector of Police, Baliya, District- Begusarai. 6.

The Officer Incharge of Sahebpur kamal Police Station, District- Begusarai, informant of Sahebpur K 7.

Sri Vijay Kumar Son of not known Sub Inspector of Police Sahebpur Kamal Police Station, District- Begusarai, and the Investigating Officer of Sahebpur Kamal , P.S. Case No. 137/2017 dated 20.05.2017. 8.

The Excise Superintendent, Begusarai , District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Advocate For the Respondent/s :

Mr. P.N. Shahi- AAG-6 ====================================================== 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 07.10.2017 passed by the District Magistrate, Begusarai, in Confiscation Case No. 68 of 2017 whereby vehicle, namely, Maruti Suzuki Zen bearing Registration No. BR-06 J-6363 has been confiscated and further direction to the respondents to

Patna High Court CWJC No.294 of 2018(4) dt.21-01-2020 2/3 release the vehicle seized in connection with Sahebpur Kamal P.S. Case No. 137 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 the internet.

Patna High Court CWJC No.294 of 2018(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) mdrashid/- U