Md. Ziayul Eqwal @ Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18433 of 2022 ====================================================== Md. Ziayul Eqwal @ Mister Son of Md. Muzaffar Eqbal @ Sajju Mian, Resident of Village- Panchmahalla, Gilanpar, P.O., P.S. and DistrictJehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary of the Excise Department, Bihar, Patna.

2.

The District Magistrate, District- Jehanabad. 3.

The Superintendent of Police, District- Jehanabad. 4.

The Additional Collector, District- Jehanabad. 5.

The Deputy Superintendent of Police, District- Jehanabad. 6.

The Officer Incharge, P.S. Jehanabad, District- Jehanabad. 7.

The Investigation Officer, P.S. Jehanabad, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-02-2023 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "

Patna High Court CWJC No.18433 of 2022 dt.02-02-2023 2/3 "

FIR No. 135/22 dated 01.03.2022 stands registered under Sections 279/337/338 of the Indian Penal Code. It is the common case of the parties that the vehicle was not seized in terms of and under the provisions of the Bihar Prohibition and Excise Amendment Act, 2018 but under the provisions of the Indian Penal Code.

In this view of the matter, the petitioner has to move an application before the appropriate Court for seeking release of the vehicle.

We expect the concerned court to positively decide the application in accordance with law expeditiously and preferably within a period of four weeks from the date of its

Patna High Court CWJC No.18433 of 2022 dt.02-02-2023 3/3 presentation.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 03.02.2023 Transmission Date